Division IV — NONCONFORMING USE

Except as otherwise listed below, a legal nonconforming use may continue indefinitely.

(1) Nonconforming commercial and industrial uses. Nonconforming commercial and industrial uses shall be terminated or made conforming as to use within ten years from the date on which the use was rendered nonconforming.

(2) Other nonconforming non-residential use. Other nonconforming non-residential uses shall be terminated or made conforming as to use within ten years from the date on which the use was rendered nonconforming.

(3) Nonconforming mobile home park. A mobile home park that is nonconforming as to use shall be terminated within twenty years from the date on which the use was rendered nonconforming.

(4) Nonconforming animal keeping. Any nonconforming animal keeping, whether a primary use or an accessory use, shall be terminated or made conforming within three years from the date on which the use was rendered nonconforming.

(Ord. 612 Exhibit A (part), 2008).

Any nonconforming use that is eligible to be considered for a conditional use permit or other special use approval under this title shall be considered to be a nonconforming use unless and until such conditional use permit or other such special approval is granted.

(Ord. 612 Exhibit A (part), 2008).

(a) A legal nonconforming use shall not be modified in any manner that expands, extends, or enlarges the use beyond its existing scope upon the effective date of this zoning ordinance, except as specified below.

(1) The changes are, in and of themselves, in conformance with the provisions of this title.

(2) The changes are limited to minor alterations, improvements, or repairs that do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a nonconforming use.

(3) The changes are required by other laws.

(4) The changes are incident to the public acquisition of a portion of a site, no greater degree of nonconformity will be created other than that caused as a result of the public acquisition, and the changed development will conform to current regulations to the maximum extent feasible.

(b) No change made to any development or use shall be construed as automatically permitting an extension of any time limit for the termination of a nonconformity.

(Ord. 612 Exhibit A (part), 2008).

(a) If any legal nonconforming use is discontinued for a period of one hundred eighty consecutive days or more, subsequent development of the land shall be in conformity with the provisions of this title. Maintenance of a valid business license shall of itself not be considered a continuation of the use.

(b) This section shall not apply to any use for which a different period of discontinuance or abandonment is specified under other provisions of this title.

(Ord. 612 Exhibit A (part), 2008).