Nonconformities are of three types, described as follows:

(1)

Nonconforming lot of record is an unimproved lot that is part of a recorded subdivision or a parcel of land, the deed to which was recorded prior to the adoption of these regulations and neither the lot nor parcel complies with the lot width or area requirements for any permitted use in the district in which it is located.

(2)

Nonconforming structure is an existing structure which does not comply with the height or yard requirements that are applicable to new structures in the zoning district in which it is located.

(3)

Nonconforming use is an existing use of a structure or of land which does not comply with the use regulations applicable to new uses in the zoning district in which it is located.

(Ord. No. 740, art. 10, § 1, 2-15-2001)

The zoning officer may issue a building permit for any nonconforming lot of record if:

(1)

The lot is shown by recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning regulations; and

(2)

The lot has remained in ownership separate and individual from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning regulations; and

(3)

The lot can meet all yard regulations for the district in which it is located.

(Ord. No. 740, art. 10, § 2, 2-15-2001)

(a)

Authority to continue. Any structure that is devoted to a use that is permitted in the zoning district in which it is located, but that is located on a lot which does not comply with the applicable intensity of use regulations or the applicable yard and height regulations, may be continued, so long as it remains otherwise lawful.

(b)

Enlargement, repair, alteration. Any nonconforming structure may be enlarged, maintained, repaired or remodeled; provided, however, that no such enlargement, maintenance, repair or remodeling shall create any additional nonconformity or increase the degree of existing nonconformity of any part of such structure.

(c)

Damage or destruction. In the event that any nonconforming structure, other than a single-family residence or mobile home, is damaged or destroyed, by any means, to the extent of more than 60 percent of its appraised value, such structure shall not be restored unless it shall thereafter conform to all regulations for the zoning district in which it is located. When a structure is damaged to the extent of 60 percent or less, no repairs or restoration shall be made unless a building permit is obtained and restoration is begun within one year after the date of such partial destruction and is thereafter diligently pursued to completion. Nonconforming single-family residences, including mobile homes, may be replaced even if damaged or destroyed to an extent greater than 60 percent of its appraisal value; provided, however, mobile homes, if replaced, shall, meet the use limitations as specified in this chapter.

(d)

Moving. No nonconforming structure shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

(Ord. No. 740, art. 10, § 3, 2-15-2001)

(a)

Authority to continue. Any lawfully existing nonconforming use of part or all of a structure of any lawfully existing nonconforming use of land, not involving a structure or only involving a structure that is accessory to such use or land, may be continued, so long as otherwise lawful.

(b)

Ordinary repair and maintenance. Normal maintenance and incidental repair, or replacement, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use. Nothing in this section or in this chapter shall be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition.

(c)

Extension. A nonconforming use shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activities shall include, but not be limited to:

(1)

Extension of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of the ordinance from which this chapter is derived or on the effective date of subsequent amendments hereto that cause such use to become nonconforming.

(2)

Extension of such use within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of the ordinance from which this chapter is derived or on the effective date of subsequent amendments hereto that cause such use to become nonconforming; provided, however, that such use may be extended throughout any part of such building or other structure that was lawfully and manifestly designed or arranged for such use on such effective date.

(d)

Enlargement. No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.

(e)

Damage or destruction. If any structure devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than 60 percent of its appraised value, such structure shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. When such damage or destruction is 60 percent or less, no repairs or restoration shall be made unless a building permit is obtained and restoration is begun within one year after the date of such partial destruction and is diligently pursued to completion.

(f)

Moving. No structure that is devoted in whole or in part to a nonconforming use and no nonconforming use of land shall be moved in whole or in part for any distance whatever to any other location on the same or any other lot, unless the entire structure and the use thereof or the use of land shall thereafter conform to the regulations of the zoning district in which it is located after being so moved.

(g)

Abandonment or discontinuance. When a nonconforming use is discontinued or abandoned for a period of 12 consecutive months, such use shall not thereafter be reestablished or resumed, and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.

(h)

Accessory uses. No use that is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate.

(i)

Residential uses. Notwithstanding any other provision of this section, any structure that is devoted to a residential use may be remodeled, extended, expanded and enlarged; provided that, after any such remodeling, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work.

(Ord. No. 740, art. 10, § 4(i), 2-15-2001)

(a)

Existing. Where a use exists on the effective date of the ordinance from which this chapter is derived and is permitted by this chapter as a conditional use in the zoning district in which it is located, such use shall not be deemed to be a nonconforming use, but shall, without further action, be deemed a lawful conforming use in such district.

(b)

Future. Any use for which a conditional use permit has been issued, as provided in this chapter, shall not be deemed to be a nonconforming use, but shall, without further action, be deemed a lawful conforming use.

(Ord. No. 740, art. 10, § 5, 2-15-2001)