76-566. Regulations pertaining to class B nonconforming uses.


The purpose of this section is to establish restrictions designed to eliminate class B nonconforming uses as rapidly as is permitted by law without payment of compensation.
(1) 
No class B nonconforming use of a structure, or structure and premises in combination, that is discontinued or ceases to exist for one year or for 12 months during any three-year period or be otherwise sooner abandoned, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures and/or land established for seasonal uses shall be excepted from this provision.
(2) 
No class B nonconforming use shall be:
a. 
Resumed if it has been changed to a conforming use for any period, or if the structure in which such use is conducted is damaged by fire or other casualty to the extent that the cost of reconstruction or repairs exceeds 50% of the replacement cost of such structure.
b. 
Enlarged or extended, nor shall the structure it occupies be repaired or reconstructed if damaged by fire or other casualty to the extent that the cost of reconstruction or repair exceeds 50% of the replacement cost of such structure.
c. 
Changed to a substantially different nonconforming use, nor enlarged so as to make use of more land area than used at the time of becoming nonconforming.
d. 
Permitted to continue in existence if it was unlawful at the time of its inception.
e. 
Moved in whole or in part to any other portion of the lot or parcel occupied by such use on the effective date of adoption or subsequent amendment to the ordinance from which this chapter is derived.
(3) 
In the case of soil or gravel removal operations, existing holes or pits may be worked on the land which constituted the lot on which operations were conducted at the time of becoming nonconforming, but no new holes or pits shall be established, nor shall any water area be expanded.
Ord. No. 110, § 14.05, eff. 11-1-1996