The lawful use of a building or premises, 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) Extension. A nonconforming use may be extended throughout a building provided the size of the structure is not increased. Existing dwellings in the various business and industrial districts may be structurally altered and expanded.
(B) Change. A nonconforming use may be changed to another nonconforming use of the same or greater restrictions, provided the size of the structure is not increased.
(C) 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) Illegal nonconforming use specifications. An illegal nonconforming use shall not be validated by the adoption of the ordinance comprising this chapter.
(F) Nonconforming use in FP Floodplain District. Any existing building, structure, or use of land in the FP Floodplain District which is not in conformance with this chapter constitutes a nonconforming use. All applications to repair, extend, or enlarge a nonconforming use in the FP Floodplain 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 Executive Director.
(G) Nonconformance exemptions. A building nonconforming only as to height, lot area, or yard requirements may be altered or extended; provided, that any extension meets all of the height, yard, and other applicable provisions of this chapter.
(H) Intermittent use. The casual, intermittent, temporary, or illegal use of land, buildings, or premises shall not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
(I) Existence of a nonconforming use. In circumstances where there is question whether or not a nonconforming use exists, it shall be considered a question of fact and shall be decided by the Board following public notice and a public hearing in accordance with the rules of procedure of the Board.
(J) 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. See § 153.067.
(K) 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 may be removed from a lot, shall relocate on another lot only in accordance with the provisions of this chapter.
(L) Damage to nonconforming use.
(1) If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of 50% or more of its replacement value at that time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than 50% of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction. It shall be the decision of the Executive Director as to percentage determinations.
(2) In either event, restoration or repair of the building or other structure must be started within a period of six months from the date of damage or destruction and diligently pursued to completion.
(M) 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 pursued 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.
(N) 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.
(O) 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.
(Ord. passed - -1996)