(A) Continuation of nonconforming uses. Any land, building, structure or legal use of land, building or structure which does not meet the area, height or use requirements for the district in which it is located at the effective date of this chapter shall be deemed nonconforming and shall be subject to the following provisions:
(1) Nonconforming use of land. Any nonconforming use of land containing no buildings shall be terminated within 5 years of the effective date of this chapter (7-10-1981).
(2) Nonconforming building or structure. Any building or structure nonconforming as to area, height and setback requirements may be altered or extended only in conformance with the terms of this chapter.
(3) Nonconforming use of building or structure. Any building or structure nonconforming as to use requirements may be continued subject to the following provisions:
(a) No structure housing a nonconforming use may be structurally altered, extended or enlarged.
(b) Repairs to structures housing nonconforming uses are limited to those required by a proper authority to render an unsafe structure safe, to replace portions deteriorated by everyday use and activity and the repair of damage caused by an act of God, fire, explosion of the public enemy, when such damage is equal to less than 50% of the structure’s value in place.
(c) Any nonconforming use of a building or structure may be continued provided that such use is not extended to other portions of the building occupied by conforming uses at the effective date of this chapter. Change of any nonconforming use shall be of a non-reverting nature. Change from one nonconforming use to another nonconforming use shall not be permitted.
(B) Abandonment. If a nonconforming use involving a structure is discontinued from active use for a period of 1 year, further use of the structure shall be for a conforming use. If a nonconforming use not involving a structure is discontinued from active use for a period of 6 months, further use of the property shall be for a conforming use.
(C) Construction in progress. Nothing in this chapter shall require changes in the plans, construction or designated use of a building for which a lawful permit has been heretofore issued or which has been otherwise lawfully authorized, and the construction of which shall have been actually begun within 90 days after this chapter becomes effective and which entire building shall be completed, as authorized, within 2 years thereafter.
(Ord. 81-1, passed 7-10-1981)