The lawful use of any building or land existing at the effective date of this Ordinance supplement or amendment thereto may be continued although such use does not conform with the provisions of this Ordinance provided the following conditions are met:
(a) Alterations. No existing building or use of the land not permitted by this Ordinance in the district in which such building or land is located shall be reconstructed, structurally altered, enlarged or extended in any way unless the use is changed to a use permitted in the district in which the building or land is located.
(b) Restoration. When a building, the use of which does not conform to the provisions of this Ordinance, is damaged by fire, explosion, act of God, or the public enemy, to the extent of more than seventy-five percent (75%) of its reproduction value, it shall not be restored except in conformity with the district regulations of the district in which the building is situated.
(c) Discontinuance. Whenever a nonconforming use has been discontinued for a period of one (1) year or more, the nonconforming use shall not be reestablished, and any further use shall be in conformity with the provisions of this Ordinance.
(d) Construction Approved Prior to Ordinance. Nothing in this Ordinance shall prohibit the completion of construction and use of a nonconforming building for which a zoning certificate has been issued prior to the effective date of this Ordinance, provided that the construction is commenced within ninety (90) days after the issuance of such certificate; that construction is carried on diligently and without interruption for a continuance period in excess of thirty (30) days; and that the entire building shall have been completed within two (2) years after the issuance of said Zoning Certificate.
(e) Displacement. No nonconforming use shall be extended to displace a conforming use.
(f) Illegal Uses. Nonconforming uses existing at the effective date of this Ordinance not validly established under existing zoning laws shall be declared illegal nonconforming uses and shall be discontinued within a period of two (2) years following the effective date of this Ordinance. Conditionally permitted uses in any district shall not be considered a legally established use, unless validly nonconforming, under this or any prior Ordinance unless a valid Conditional Use Certificate has been issued pursuant to the relevant Ordinance and unless such certificate remains valid.
(g) Unsafe Structures. Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by the Chief Building and Zoning Inspector.
(h) Certificate of Nonconforming Use. The Chief Building and Zoning Inspector shall issue a "Certificate of Nonconforming Use" to all known owners of legal nonconforming use property, the use of which does not conform to the provisions of the use zone in which the property is located.
(i) District Changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming use created thereby.
(Ord. 87-1989. Passed 7-11-89.)