§ 403. Nonconforming uses of buildings and structures.

This category of nonconformance consists of buildings or structures used at the time of enactment of this ordinance or amendment thereto for purposes of a use not permitted in the district in which they are located. Such uses may be continued as follows:

403.01 Such nonconforming use shall neither be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.

403.02 No such nonconforming use shall be allowed in whole or in part on any other portion of the lot or parcel not so used at the effective date of adoption or amendment of this ordinance.

403.03 No nonconforming use may be changed to another nonconforming use, except that the board of adjustment may permit as a conditional use a change in nonconforming use if the board determines that such new use would be more in character with the uses permitted in the applicable district than the previous use, provided that once the board of adjustment has permitted such substitution, the new use shall lose its status as a legal nonconforming use and become subject to any conditions required by the board of adjustment. Once such change has occurred use of the structure may not revert to the previous nonconforming use.

403.04 Where any use of a nonconforming structure is partly or wholly altered to conform to the regulations for the district in which it is located, the part or whole which has been made to conform may not thereafter be changed in such a manner as would make such use nonconforming.

403.05 Nonconforming uses of structures shall not be reestablished after discontinuance for a period of 180 days, except in conformance with this ordinance.

403.06 Maintenance and repairs necessary to keep a structure which is nonconforming in sound condition shall be permitted.

403.07 Should a nonconforming structure be destroyed by any means to an extent exceeding 60 percent of its appraised value at time of destruction, it may be reconstructed in conformity with the provisions of this ordinance within 180 days of the date of such destruction.

403.08 Existing churches which are nonconforming uses may be rebuilt regardless of the extent of the damage within a period of two years from the date of destruction.

(Ord. of 6-7-82)