(A) Non-conforming use of land. In the residential district, where open land is being used for a non-conforming use, and such use is the principal use and not accessory to the main use conducted in a building, such use shall be discontinued not later than two years from the date of the passage of this Zoning Code. During the two year period, such non-conforming use shall not be extended or enlarged either on the same or adjoining property. Any building incident and subordinate to such use of land, such as a shed, tool house storage building, office, or trailer, shall be removed at the end of the two-year period, or, if such building is so constructed as to permit the issuance of a permit for a use not excluded from the district, such building may remain as a conforming use. Thereafter, both land and building shall be used only as conforming uses.
(B) Non-conforming use of buildings. Except as otherwise provided herein, the lawful use of a building existing on the effective date of this Zoning Code, may be continued and expanded by an amount not to exceed two times its present floor area, although such use does not conform to the provisions hereof. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or of a more restricted classification. Whenever a non-conforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. The non-conforming use of a building may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for such use at the time of the enactment of this Zoning Code.
(C) Discontinuance of non-conforming uses. No building or mobile home or portion thereof used in whole or in part for a non-conforming use in a residential district, which remains idle or unused for a continuous period of six months, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the residential district in which it is located.
(D) Destruction of non-conforming uses. No building or mobile home which has been damaged by any cause whatsoever, to the extent of more than 50% of the fair market value of the building immediately prior to damage, shall be restored except in conformity with the provisions of this Zoning Code; all rights as a non-conforming use shall then be terminated. If a building is damaged by less than 50% of the fair market value, it may be repaired or reconstructed and used as before the time of damage; provided that such repair or reconstruction is substantially completed within 12 months of the date of such damage.
(F) Conditional uses not conforming. Existing uses eligible for conditional use permits shall not be non-conforming uses but shall require a conditional use permit for any alteration, enlargement, or extension.
(G) Intermittent use. The casual, intermittent, temporary, or illegal use of land or buildings shall not be sufficient to establish the existence of a non-conforming use, and the existence of a non-conforming use on the part of a lot or tract shall not be construed to establish a non-conforming use on the entire lot or tract.
(H) Existence of a non-conforming use. Whether a non-conforming use exists shall be a question of fact and shall be decided by the Board of Zoning Appeals after public notice and hearing and in accordance with the rules of the Board.
(I) Non-conforming uses not validated. A non-conforming use in violation of a provision of legislation which this Zoning Code repeals shall not be validated by the adoption of this Zoning Code.
(Prior Code, § 154.42) (Ord. 95-3, passed 2-28-1995)