The lawful nonconforming uses of a structure, land or water, existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may be continued, some for specific periods of time, although the use does not conform with the provisions of this chapter; however:

(1)

Only that portion of the land or water in actual use may be so continued and the structure may not be extended, enlarged, moved except when required to do so by law or order, or so as to comply with the provisions of this chapter.

(2)

Total lifetime structural repairs or alterations shall not exceed 50 percent of the county's current assessed value of the structure unless it is permanently changed to conform to the use provisions of this chapter.

(3)

Substitution of new equipment may be permitted by the board of adjustment if such equipment will reduce the incompatibility of the nonconforming use with neighboring uses.

(Code 1986, § 17.65; Ord. No. 11-01-1; Res. No. 06-18-13, 6-27-2018)

(a)

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 chapter.

(b)

A current file of all nonconforming uses shall be maintained by the planning and zoning administrator listing the following information: the owner's name and address; the use of the structure, land or water; and the assessed value at the time of its becoming a nonconforming use.

(Code 1986, § 17.66; Res. No. 06-18-13, 6-27-2018)

Existing nonconforming structures. The lawful nonconforming structure existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may be continued, although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this chapter; however, it shall not be extended, enlarged, moved except when required to do so by law or order or so as to comply with the provisions of this chapter or if subsection (1) applies:

(1)

Dwellings that are nonconforming due to yard size may be extended, enlarged, or structurally altered so long as the change does not affect the nonconforming yard size.

(2)

A lawful nonconforming structure existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may be replaced, reconstructed or structurally altered within the same foot print by permit.

(Code 1986, § 17.67; Res. No. 10-12-02, 10-24-12; Res. No. 06-18-13, 6-27-2018)

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the zoning 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 zoning board of adjustment.

(Code 1986, § 17.68)

(a)

In any district, except AO agriculture only, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel of record in the county register of deeds office before the effective date or amendment of the ordinance from which this chapter is derived.

(b)

In any business, residential, forestry or community district, a lot of record shall not be less than the following:

(1)

Lot width. The lot width shall be a minimum of 50 feet.

(2)

Lot area. The lot area shall be a minimum of 4,000 square feet.

(3)

Yards.

a.

Front. The front yard shall be a minimum of 12 feet; the second street yard on corner lots shall not be less than ten feet.

b.

Rear. The rear yard shall be a minimum of seven feet.

c.

Side. The side yard shall be five feet.

(c)

Construction on any lot not meeting the standards set forth in this section shall be permitted only after the granting of a variance by the zoning board of adjustment.

(Code 1986, § 17.69)

Any nonconforming lot which contained a structure or structures that existed at the time of the effective date of the ordinance from which this chapter is derived, or amendments thereto, may be continued; however the structure(s) shall not be extended, enlarged, reconstructed, moved or structurally altered except when required to do so by law or order.

(Res. No. 10-09-06, 10-28-2009)