It is the intent of this Land Development Ordinance to recognize that the elimination of existing lots, buildings, and structures or uses that are not in conformity with the provisions of this Land Development Ordinance is as much a subject of health, safety, and general welfare as is the prevention of the establishment of new uses that would violate the provisions of this Land Development Ordinance. It is therefore the intent of this Land Development Ordinance to permit these nonconformities to continue, but not to encourage their survival, permit their expansion, or permit their use as grounds for adding other structures or uses prohibited elsewhere in the same district. Therefore, any structure or use of land existing at the time of the enactment of this Land Development Ordinance, and amendments thereof, but not in conformity with its regulations and provisions, may be continued subject to the following provisions:

701.01. Lots of record. Where a lot of record at the time of enactment of this Land Development Ordinance does not contain land of sufficient area or width to permit conformity with the dimensional requirements of this Land Development Ordinance, the following provisions shall apply:

a.

When two or more adjoining and vacant lots with continuous frontage are in single ownership at the time of enactment of this Land Development Ordinance or amendments thereto, and each of such lots have a width or lot area less than is required by the district in which they are located, such lots shall be platted and re-parceled so as to create one or more lots which conform to the minimum lot width and area requirements of the district.

b.

Where a single nonconforming lot of record at the time of enactment or amendment of this Land Development Ordinance is not of continuous frontage with other lots in the same ownership, such lot may be used as a building site, provided that yard dimensions, and requirements other than those applying to area or width of the lot shall conform to the regulations for the district in which such lot is located. Variances of yard requirements may be obtained only through appeal to the board as outlined in section 1104 herein.

701.02. Nonconforming structures. Where a lawful structure exists at the time of enactment or amendment of this Land Development Ordinance that could not be built in the district in which it is located by reason of restrictions on area, lot coverage, height, yard dimensions, or other requirements, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

a.

Any structure or portion thereof declared unsafe by the building official may be restored to a safe condition, provided that the requirements of this section are met, and that the cost of restoration of the structure to a safe condition shall not exceed 50 percent of its replacement cost at the time of the declaration of the building official.

b.

No nonconforming structure may be enlarged or altered in any way which increases its nonconformity; any structure or portion thereof may be altered to decrease its nonconformity.

c.

Notwithstanding the provisions of section 701.02(b) above, whenever repairs on or installation of plumbing fixtures in residential structures is required by law or administrative action of the health department or the building official, such alterations shall be permitted, provided that where such alterations require an addition to the structure, such addition shall be no nearer the lot line than permitted by the requirements of this Land Development Ordinance. Where an existing residential structure exceeds these requirements the said addition shall extend no nearer the lot line than the existing building line.

d.

Should a nonconforming structure be moved, it shall thereafter conform to the yard dimension requirements of the district in which it is located after it is moved.

e.

No nonconforming building or structure, if all or substantially all thereof is destroyed or razed, shall be restored in a nonconforming form or location for the continuance of a nonconforming use, except such a building or structure, if destroyed accidentally due to fire, explosion, or other accidental cause, may be restored in substantially the same form but without enlargement, for the continuance of the nonconforming use, provided the pre-existing use is commenced within a period of two years from the date of destruction. If the use of said building or structure which existed prior to its said destruction is not resumed within two years from the date of its said destruction, it shall be presumed to have been abandoned and discontinued, and any use thereafter of said property shall conform to the regulations of the district in which the land, structure or building is located.

701.03. Nonconforming uses of land. Where a lawful use of land exists at the time of enactment or amendment of this Land Development Ordinance that would not be permitted by the regulations imposed herein, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:

a.

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the time of enactment or amendment of this Land Development Ordinance.

b.

No such nonconforming use shall be moved in whole or in part, to any portion of the lot or parcel other than that occupied by such use at the time of enactment or amendment of this Land Development Ordinance.

c.

No such nonconforming use shall be altered, in whole or in part, to another use which does not conform to the requirements of this Land Development Ordinance for the district in which the land is located.

d.

In the event that such use ceases for any reason for a period of more than two years any subsequent use shall conform to all requirements of this Land Development Ordinance for the district in which the land is located.

e.

No additional structure not conforming to the requirements of this Land Development Ordinance shall be constructed in connection with such nonconforming use.

701.04. Nonconforming uses of structures. Where a lawful use involving individual structures, or of structures and premises in combination, exists at the time of enactment or amendment of this Land Development Ordinance, that would not be permitted in the district in which it is located under the requirements of this Land Development Ordinance, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:

a.

No structure existing at the time of enactment or amendment of this Land Development Ordinance devoted to a nonconforming use shall be enlarged, extended, moved, or structurally altered, except repairs on or installation of plumbing fixtures required by law or administrative action of the health department or the building official, or the changing of interior partitions or interior remodeling; or except in changing the use of the structure to a conforming use.

b.

A nonconforming use of a structure may be extended to include use of the entire structure, but shall not be extended to include either additional structures or land outside the structure.

c.

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for a period of two consecutive years except when government action impedes access to the premises; or when a nonconforming use is superseded by a permitted use, the structure and premises shall not thereafter be used except in conformity with the regulations of the district in which it is located.

d.

Where a structure which is used in combination with its premises for a use not in conformity with the regulations herein is removed or destroyed by any means to an extent more than 50 percent of its replacement cost at the time of destruction, use of the land shall thereafter conform to the regulations applicable to the district in which it is located.

(Ord. No. 24-2, 3-12-2024)