(1) EXISTING NONCONFORMING USES AND STRUCTURES. A lawful nonconforming structure or use is grandfathered if it existed at the time of a previous ordinance, the current zoning ordinance, or a future amendment to the zoning ordinance. These nonconforming uses of a structure, land, or water may continue to exist even though they may violate current provisions of the zoning ordinance. But these legal nonconforming uses are limited by the following provisions:

 

(a) Only that portion of the land or water in actual use may be so continued 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 these regulations.

 

(b) Total lifetime structural repairs or alterations shall not exceed fifty percent of either the current equalized value or square footage unless the structure is permanently changed to conform to these regulations.

 

(c) Substitution of new equipment may be permitted by the Board of Adjustment if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

 

(d) Alterations or additions which change the exterior dimensions of the structure, and which do not conform to these regulations but which do not increase the dimensional nonconformity beyond that which existed before the work commenced, are allowed provided they do not exceed the fifty (50) percent requirement. Once the square footage or value method has been chosen it must be followed for the rest of the life of the structure.

 

(2) ABOLISHMENT OR REPLACEMENT.

 

(a) If such nonconforming use is discontinued or terminated for a period of twelve (12) months, any future use of the structure, land, or water shall conform to the provisions of these regulations. When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy, or other calamity, to the extent of more than fifty (50) percent of its current assessed value, it shall not be restored except so as to comply with the use provisions of these regulations.*

 

(b) A current file of all nonconforming uses shall be maintained by the Zoning Administrator listing the following:

 

(1) Owner's name and address.

(2) Use of the structure, land or water.

(3) Assessed value at the time of its becoming a nonconforming use.

 

(3) 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. Once the Board of Adjustment has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Board of Adjustment.

 

*Assessed value shall be brought to 100% valuation in determining the 50% dollar value.