Where, at the time of passage of this chapter, the lawful use of a building or premises exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise legal with the following limitations.
(A) A nonconforming use shall not be extended, enlarged, or moved to occupy any portion of land or structure except in conformity with this chapter.
(B) A nonconforming use shall not be re-established after discontinuation for a period of one year. Vacating of premises or building or non-operative status shall be evidence of a discontinued use.
(C) A nonconforming structure damaged to an extent greater than 50% of the current replacement value may be repaired and restored only to a structure and use conforming to the provisions of this chapter; provided, however, that a nonconforming residential structure may be rebuilt in the same general yard area if damage is due to fire or natural causes and if rebuilt within 12 months of the date of damage. Manufactured and certified mobile homes are only to be placed on lots in conformance with §§ 152.170 through 152.178. Restoring to a safe condition of any structure declared to be unsafe by any public official shall not be prohibited by this regulation.
(D) All nonconforming uses shall be changed only to a conforming uses; provided, however, that dimensional variances may be granted.
(E) An owner claiming a continuing nonconforming use shall bear the burden of showing that the use was in existence as of the effective date of this chapter and has not been discontinued for a period of one year since the effective date. An owner may register a continuing nonconforming use with the Administrative/Enforcement Officer within 12 months of the adoption of this chapter to establish that the use was in existence as of the effective date of this chapter.
(F) Any lot within the city limits used for agriculture, farming, dairying, and stock raising and not currently zoned A-1 shall be permitted to continue as a nonconforming use of the land; provided that the lot consists of greater than five acres and that no livestock shall be permitted to be located within 100 feet of any Residential District. All lots consisting of less than five acres and being used for livestock purposes shall conform to the requirements of this chapter within 12 months of the date of adoption of this chapter.
(Prior Code, § 152.017) (Ord. 920.27, passed 10-7-1993) Penalty, see § 152.999