§ 8.03. Nonconforming uses.

A.

Existence: A use of land, buildings or structures shall be considered nonconforming if such use is not included in the list of permitted uses in the zoning district in which said land, building or structure is located. A nonconforming use shall not be deemed to have existed on the date this zoning ordinance or any amendment thereto became effective unless it was being used on a continuous basis and to its fullest extent on such date. In cases of doubt, and on specific questions raised, whether a nonconforming use exists shall be a question of fact and shall be decided by the board after notice, a public hearing, and receipt of a report and recommendation of the hearing officer.

B.

Expansion:

1.

No nonconforming use shall be expanded, extended or enlarged, either by addition to the land on which the use is located or addition to the buildings and structures associated with said nonconforming use, except where such expansion would decrease the nonconformity of the use.

2.

Exception for residential and church uses:

a.

A nonconforming residential or church use, where such nonconformity was created by government action and not action(s) of the current or previous property owner(s), may be enlarged, expanded, extended or altered only on the piece of property on which it is currently located and in compliance with the applicable bulk regulations of the zoning district in which it is located, provided, however, that if such use can be made conforming by approval of a special use permit, such expansion shall only be permitted following approval of a special use permit by the county board in accordance with the regulations for special uses set forth in this ordinance.

b.

A nonconforming residential or church use, where such nonconformity was created by action(s) of the current or previous property owner(s) and not by government action shall not be enlarged, expanded, extended or altered.

C.

Damage:

1.

A building or structure containing a nonconforming use, where such nonconformity was created by action of the government and not by action(s) of the current or previous property owner(s), which is damaged by any means and to any extent where the cost of repair exceeds 50 percent or more of the value of the building or structure prior to the damage, as determined by the zoning administrator, shall not be reconstructed except to accommodate a conforming use.

2.

A building or structure containing a nonconforming use, where such nonconformity was created by action(s) of the current or previous property owner(s) and not by government action, which is damaged by any means and to any extent, shall not be reconstructed except to accommodate a conforming use.

3.

Exception for residential and church uses:

a.

A building or structure containing a nonconforming residential or church use, where such nonconformity was created by government action and not action(s) of the current or previous property owner(s), which is damaged to any extent and by any means may be rebuilt, provided an application for a building permit is submitted within 180 days from damage date.

b.

A building or structure containing a nonconforming residential or church use, where such nonconformity was created by action(s) of the current or previous property owner(s) and not by government action, which is damaged to any extent where the cost of repair exceeds 50 percent or more of the value of the building or structure prior to the damage, as determined by the zoning administrator, shall not be reconstructed except to accommodate a conforming use.

D.

Discontinuation: If a nonconforming use of a parcel, lot, building or structure ceases for any reason for a period of one year, except where government action causes such cessation, the subsequent use of such parcel, lot, building or structure shall conform to the regulations and provisions set by this ordinance for the district in which such parcel, lot or building is located. If the one-year discontinuation period is interrupted by the reestablishment of such nonconforming use, such reestablishment must be for no less than 30 continuous days in order for such parcel, lot, building or structure to be excepted from this provision.