§ 94.35 NONCONFORMING USES.

   (A)   Intent.

      (1)   The intent of this section is to provide for the continuation of existing uses not permitted by right or by conditional use in order to prevent undue hardships.

      (2)   Any use of buildings, structures, or land as defined in § 94.04(B)(25) is considered nonconforming. Nonconforming uses may be continued, provided they conform to the provisions of this section.

   (B)   Continuing the use of nonconforming land. The regulations set forth below provide the conditions under which the nonconforming use of land shall be continued.

      (1)   Extension of use. Nonconforming uses of land shall not hereafter be enlarged or extended in any way.

      (2)   Change of use. Any nonconforming uses of land may be changed to a conforming use, or with the approval of the Board of Adjustment, to any use more in character with the uses permitted in the district.

   (C)   Continuing the use of nonconforming buildings.

      (1)   Extension of use. Nonconforming buildings and nonconforming uses of buildings shall not hereafter be enlarged.

      (2)   Change of use. If no structural alteration or enlargement is made, any nonconforming building or use of buildings may be changed with the approval of the Board of Adjustment to any use more in character with uses permitted in the district. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of this chapter.

      (3)   Cessation of use. If active operations are discontinued for a continuous period of 180 days with respect to a nonconforming use of building, such nonconforming use shall thereafter be occupied and used only for a conforming use.

      (4)   Damage or destruction. If a building occupied by a nonconforming use or a nonconforming building is destroyed by any means to an extent of more than 60% of its fair market value immediately prior to the time of damage or destruction, any repair reconstruction, or use of the building shall be in conformity with the provisions of this chapter. The fair market value in such case shall be determined by the Board of Adjustment in accordance with acceptable appraisal procedures.

      (5)   A boathouse existing as of January 1, 2005 may be removed and a new boathouse constructed in the same location in accordance with § 94.41 except that the new boathouse need not comply with the provisions of § 94.42(B)(6).

(Ord., passed 2-22-79; Am. Ord., passed 2-23-05)