§ 113-138. Existing nonconforming uses.

(a)

The lawful nonconforming use of a structure or land including, but not limited to, fences, parking and zoning setbacks existing at the time of the adoption on April 6, 1967, or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter. However, only that portion of the land or structure in actual use may be so continued and the use may not be extended, enlarged, substituted, moved or altered, except when required to do so by law or order or so as to comply with the provisions of this chapter.

(b)

If no structural alterations are made, a nonconforming use of a building may be changed to any use permitted in the same use district as that in which the use existing is permitted according to the provisions of this chapter, provided when a use district is changed, any existing, nonconforming use in such changed district may be continued or changed to a use permitted in the same use district as that in which the existing use is permitted; provided all other regulations governing the new use are complied with.

(c)

Substitution of new equipment may be permitted by the zoning board of appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(d)

Discontinuance. If the nonconforming use of a building or premises is discontinued for 12 months, any future use of the building or premises shall conform to the regulations for the district in which it is located. A reasonable interim between tenants or occupants shall not be construed to mean discontinuance.

(e)

Extensive repair must be in conformance. When a building containing a nonconforming use is damaged by fire, explosion, act of God or the public enemy, to the extent of 50 percent or more of its current market value, it shall not be restored, except in conformity with the regulations of the district in which it is located. The cumulative total of all structural repairs in any nonconforming use shall not during its life exceed 50 percent of the fair market value of the building at the time of its becoming a nonconforming use, unless permanently changed to a nonconforming use.

(Ord. No. 2011-12, 12-13-2011)