Sec. 3.6. Nonconforming Uses.
1. Requirements for nonconforming uses. Except as provided in this Section, the lawful use of any building or land existing at the time of enactment of this Article, or of any amendments to this Chapter, may be continued even though such use does not conform to the requirements of this Code.
a. Abandonment. When a nonconforming use has been discontinued for a period in excess of one hundred eighty (180) days, such use shall be considered abandoned, and shall not thereafter be reestablished. Any future use shall be in conformance with the provisions of this Article.
b. Completion. Any building or structure for which a building permit has been issued prior to the date of enactment of this Article may be completed and used in accordance with the plans, specifications and permits on which said building permit was granted, if construction is commenced within sixty (60) days after the issuance of said permit and diligently prosecuted to completion.
c. Displacement. No nonconforming use shall be altered, extended or restored so as to displace any conforming use. A manufactured home or mobile home in any district may be improved or replaced with a newer model manufactured home.
d. Extensions. A nonconforming use shall not be extended, but the extension of a conforming building shall not be deemed the extension of such nonconforming use; however, businesses in R-1 and R-2 zones shall not be extended under any circumstances.
e. Repairs and maintenance. Ordinary repairs and maintenance of a nonconforming building or structure shall not be deemed an extension of such nonconforming building or structure, and shall be permitted.
f. Restoration. A nonconforming building or structure which has been damaged by fire or other causes may be restored to its original condition; provided, that such work is commenced within one hundred eighty (180) days after such casualty and less than fifty percent (50%) of the building or structure is destroyed.
g. Unsafe buildings. A nonconforming building or structure or portion thereof that is declared unsafe by the Building Inspector may be replaced, strengthened or restored to a safe condition.
2. Termination of nonconforming uses within five (5) years. The following nonconforming uses shall be terminated within five (5) years from the date of passage of the ordinance codified in this Article, in any district except that in which they are specifically allowed:
a. Auto salvage wrecking or similar salvage operations.
b. Mobile homes and house trailers.
c. Extractive land use.
d. Landfills.
e. Hazardous waste disposal site.
The five-year period is designated as an amortization period during which the market value of the property and use can reasonably be amortized. The owner of property or user shall have four (4) years from the date of the passage of the ordinance codified in this Code to submit to the Board of Trustees an appeal setting forth his or her grounds asserting that the five-year period is an inadequate amount of time to amortize the nonconforming use. (Ord. 1370 § 4, 2022)