Any otherwise lawful use of land or structure existing at the time of adoption of these regulations may be continued, maintained and repaired, except as otherwise provided in this section.
(A) Continuance of nonconforming uses. The lawful operation of a nonconforming use as such use existed on the effective date of this chapter, or any amendment hereto, by which the use became a nonconforming use, may be continued; provided however, that the number of dwelling units in a nonconforming dwelling use shall not be increased over or exceed the number of dwelling units in the nonconforming use on the effective date of this chapter.
(B) Extension of nonconforming uses in structures. A nonconforming use in a structure may be extended throughout the structure provided no structural alterations, except those required by law or ordinances, are made therein.
(C) Changes in nonconforming uses. Where a nonconforming use exists, it cannot change to another nonconforming use of different quality and characteristics unless the use is more compatible with the characteristics of the neighborhood in which it is located. Where a nonconforming use has changed to a more compatible use, it shall not be changed back to a less compatible use.
(D) Termination of nonconforming uses. A nonconforming use that has been abandoned or discontinued for a year shall not hereafter be re-established.
(E) Open land nonconforming use. A nonconforming use not enclosed in a building or structure, or one in which the use of the land is a use exercised principally out-of-doors and outside of a building or structure shall, after 24 months from the date of notification, become a prohibited and unlawful use and shall be discontinued.
(F) Destruction, damage or obsolescence of structure. The right to operate and maintain any nonconforming use shall terminate whenever the structure, or structures, in which the nonconforming use is operated and maintained, are damaged, destroyed or become obsolete or substandard beyond the limits hereinafter established for the termination of nonconforming structures.
(G) Continuance of nonconforming structures. Except as hereinafter provided, any nonconforming structure may be occupied and operated and maintained in a state of good repair.
(H) Enlargement or extension of nonconforming structures. A nonconforming structure in which a nonconforming use is operated shall not be enlarged or extended; a nonconforming structure in which only permitted uses are operated may be enlarged or extended if the enlargement or extension can be made in compliance with all of the provisions of this chapter established for structures in the district in which the nonconforming structure is located.
(I) Restoration of damaged nonconforming structures. A nonconforming structure damaged in any manner and from any cause whatsoever to the extent of not more than 60% of its replacement cost may be restored, provided restoration is completed within one year of the date of the damage.
(J) Outdoor advertising signs and structures. No outdoor advertising sign or outdoor advertising structure which, after the adoption of this chapter, exists as a nonconforming use in any district, shall continue, as herein provided for nonconforming uses, but every such sign or structure shall be removed or changed to conform to the regulation of said district within a period of two years following official notification of the nonconforming use exists.
(K) Nonconforming mobile home use. Any nonconforming mobile home use in a residential district shall terminate when the mobile home is removed from the real property or a majority of the mobile home has been destroyed so it is no longer habitable.
(Prior Code, § 27-A-07) (Ord. 964, passed 2- -2000; Ord. 1047, passed 4- -2007)