Any non-conforming structure or use existing upon the effective date of this subchapter may be continued, subject to the following:
(A) Any non-conformity including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this subchapter may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless:
(1) The non-conformity or occupancy is discontinued for a period of more than 1 year; or
(2) Any non-conforming use is destroyed by fire or other peril to the extent of greater than 50% of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly-created impact on adjacent property or water body.
(3) When a nonconforming structure in the shoreland district with less than 50% of the required setback from the water is destroyed by fire or other peril to greater than 50% of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body.
(B) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This division does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters or similar adults-only businesses, as defined by ordinance.
(C) Any nonconforming structure located in a floodplain district must adhere to § 154.524.
(Ord. 2013-05, passed 5-20-2013; Am. Ord. 2020-09, passed 1-4-2021; Am. Ord. 2023-05, passed 8-28-2023)