§ 90-741. Continuance.

(a)

If any legal activity is being pursued or any lot or structure is being legally utilized in a manner or for a purpose which does not conform to the provisions of this chapter on July 1, 1965, such manner of use or purpose may be continued, except that advertising structures that become nonconforming because of a rezoning have 24 months within which to relocate in a permitted area.

(b)

If any change in title of possession or renewal of a lease of any such lot or structure occurs, the use existing may be continued.

(c)

If any nonconforming use, structure or activity is discontinued for a period exceeding two years after July 1, 1965, it shall be deemed abandoned, and any subsequent use shall conform to the requirements of this chapter.

(d)

Whenever a nonconforming structure, lot or activity has been changed to a more limited nonconforming use, such existing use may only be changed to an even more limited use.

(e)

Temporary seasonal nonconforming uses that have been in continual operation prior to July 1, 1965, are permitted.

(f)

Any poultry or livestock operation in existence in the R-A and A-1 zoning districts prior to April 1, 1995, may be continued even if in violation of any regulation of these district provisions unless discontinued for 24 consecutive months, and such right shall continue with passing of the property title.

(g)

Home occupation permits may be issued by the zoning administrator for home occupation home office uses and for home occupation child care conducted by the residents of existing dwellings within the M-1, M-2, or M-3 district, including mobile homes within existing mobile home parks, as accessory uses to those dwellings. The issuance of any such home occupation permit shall not create any vested right for the continuance or expansion of such nonconforming residential use.

(Code 1988, § 17-256; Ord. No. O-02-012, 10-22-2002)

(Code 1988, § 17-256; Ord. No. O-02-012, 10-22-2002)