The lawful use of a building or premise, existing at the time of the passage of the ordinance comprising this chapter, may be continued although such use does not conform to all the provisions of this chapter, subject to the following conditions:
(A) May be extended. A nonconforming use may be extended throughout a building provided the size of the structure is not increased.
(B) May be changed. A nonconforming use may be changed to another nonconforming use of the same or greater restrictions, upon authorization by the Board, provided the size of the structure is not increased.
(C) Use cannot be changed to nonconforming use. Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use.
(D) No building erected on nonconforming use premises. No building shall be erected upon any premises devoted to a nonconforming use, except in conformance with the provisions of this chapter.
(E) Temporary nonconforming use. The Board may authorize, by written permit, in a district permitting residential use, for a period of not more than one year from the date of such permit, a temporary building for business or industrial use incidental to the residential construction and development of said district.
(F) Discontinuance of nonconforming use. In the event that a nonconforming use of any building or premises is discontinued for a period of at least one year, the use of the same shall hereafter conform to the uses permitted in the district in which it is located, and provided further that any nonconforming dwelling which is deficient in ground floor area, and which may be removed from a lot, shall relocate on a lot in accordance with the provisions of this chapter.
(G) Damage to nonconforming use. Any nonconforming building or structure damaged more than 60% of its then fair market value, exclusive of the foundation, at the time of damage by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God, shall not be restored or reconstructed and used as before such happening; but if less than 60% damaged above the foundation, it may be restored, reconstructed or used as before, provided that it be done within six months of such happening. However, if the building is a single-family dwelling and damage is more than 60% of its then fair market value it may be rebuilt to at least the same ground floor area, provide that required side yards are established. (Mobile homes are permitted in mobile home parks in the R-1C Mobile Home Park District and the A-1 Agriculture District.)
(H) Honoring previous permits. Nothing herein contained shall require any change in the plans for the construction or designated use of a building for which an improvement location permit or a building permit has been heretofore issued and the actual construction of which has been diligently prosecuted within 90 days of the date of such permit, and which entire building shall be completed according to such plans filed within three years of such permit. Actual construction is hereby defined to include the erection of construction materials in permanent position and fastened in a permanent manner.
(I) Buildings may be made safe. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building declared unsafe by proper authority.
(J) Nonconforming use resulting from amendment. These provisions apply in the same manner to a use which may become a nonconforming use as a result of an amendment to this chapter.
(K) Nonconforming use in Floodplain District. Any building, structure or use of land in the FP Floodplain District which is not in conformance with the requirements of this chapter constitutes a nonconforming use. All applications to repair, extend or enlarge a nonconforming use in the FP District shall be forwarded to Natural Resources for review and comment. All terms and conditions imposed by Natural Resources shall be incorporated into the issuance of any resulting improvement location permit (or building permit) issued by the Zoning Inspector.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. passed 1- -2004)