SECTION      7.0700 NONCONFORMING USES, STRUCTURES AND LOTS

 7.0701 EXISTING NONCONFORMING USES. The lawful nonconforming use of land or water; or a lawful nonconforming use in a conforming or nonconforming structure; or a lawful nonconforming use on a conforming or nonconforming lot which existed at the time of the adoption or amendment of this Ordinance may be continued even though the use may not conform with the provisions of this Ordinance; however:

A.  Only That Portion of the land or water in actual use may be so continued and the use may not be extended, enlarged substituted or moved; and the structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this Ordinance.

B.  Discontinuance.  If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water shall conform to the provisions of this Ordinance.

C.  Total Lifetime Structural Repairs or structural alterations to a structure with a nonconforming use shall not exceed 50 percent of the municipality’s equalized assessed value of the structure unless it is permanently changed to conform to the use provisions of this Ordinance.

D.  Abolishment or Destruction.  When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy, or other calamity to the extent of more than 50 percent of its current equalized value, it shall not be restored except so as to comply with the use provisions of this Ordinance.

7.0702 CONFORMING STRUCTURES ON NONCONFORMING LOTS. The use of a structure existing at the time of the adoption or amendment of this Ordinance may be continued although the lot area or lot width does not conform to the requirements of this Ordinance.

A.  Additions and Enlargements to the structures are permitted and shall conform with the established building setback lines along streets and the yard, height, parking, and access provisions of this Ordinance.

B.  Existing Structures on Nonconforming Lots which are damaged or destroyed by fire, explosion, flood, or other calamity, may be reconstructed and shall conform with the established building setback lines along streets and the yard, height, parking, and access provisions of this Ordinance.

7.0703 NONCONFORMING STRUCTURES ON A CONFORMING OR NONCONFORMING LOT. The use of a structure existing at the time of the adoption or amendment of this Ordinance may be continued although the structure’s size or location does not conform with the established building setback line along streets, or the yard, height, parking, loading, and/or access provisions of this Ordinance.

A.  Additions and Enlargements to existing nonconforming structures are permitted and shall conform with the established building setback lines along streets and the yard, height, parking, and access provisions of this Ordinance.  Existing buildings and their additions shall not be permitted to encroach further upon established yard and height requirements than the existing encroachment.

B.  Existing Nonconforming Structures which are damaged or destroyed by fire, explosion, flood, or other calamity, may be reconstructed and shall conform with the established building setback lines along streets and the yard, height, parking, and access provisions of this Ordinance.

C.  Existing Nonconforming Structures may be moved and shall conform with the established building setback lines along streets and the yard, height, parking, and access provisions of this Ordinance.

D.  The Provisions of Subsections 7.0701.C and D shall apply.

7.0704 CHANGES AND SUBSTITUTIONS. Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure