It shall be the policy of this Chapter to allow the continuation of existing nonconforming uses and buildings, but not to encourage their survival or allow an increase in size or intensity of use. (Ord. 77-5, 3-28-77, eff. 4-7-77)

A nonconforming use or building may be continued except as elsewhere provided in this Chapter. (Ord. 77-5, 3-28-77, eff. 4-7-77)

A nonconforming use may be changed to a conforming use. A nonconforming use may not be changed to another category of nonconforming use. Categories of use as recognized and defined by this Chapter are: 1) Commercial, 2) Industrial and 3) Residential. Nothing in this Section shall be construed to allow an expansion of a nonconforming use as described in Section 9-27-4. (Ord. 77-5, 3-28-77, eff. 4-7-77)

If active and continuous operations are not carried on in a nonconforming use during a continuous period of six (6) months, the building or tract of land shall thereafter be used only for a conforming use. Intent to resume active operation shall not be considered active and continuous operation unless written intent of continuation, including a timetable therefor, is filed with the Board within the six (6) month period. (Ord. 77-5, 3-28-77, eff. 4-7-77)

   A.   Ordinary Repair Work: On any nonconforming structure, or portion of a structure containing a nonconforming use, ordinary repair work may be done, including repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that the structure's volume when it became nonconforming shall not be increased. (Ord. 77-5, 3-28-77, eff. 4-7-77)

   B.   Reduction Of Nonconformity: Any structural alteration that would reduce the degree of nonconformity or change the use to a conforming use is permitted. (Ord. 79-4, 9-11-79; Ord. 77-5, 3-28-77, eff. 4-7-77)

   C.   Unsafe Condition: Any structure containing a nonconforming use, or any nonconforming building or portion thereof, declared unsafe by the Building Inspector may be strengthened or restored to safe condition. (Ord. 77-5, 3-28-77, eff. 4-7-77)

A nonconforming building or a building containing a nonconforming use which has been damaged by natural causes may be restored to its original condition, provided such work is started within six (6) months of such damage. A nonconforming building or use that is moved or torn down by the owner cannot be replaced. (Ord. 77-5, 3-28-77, eff. 4-7-77)

   A.   Yard Dimensions And Requirements: In any district in which single-family dwellings are permitted, a single-family dwelling and accessory building may be erected on any single lot of record at the effective date of adoption or amendment hereof, except where such lots are located in the floodplain overlay district or other identified hazardous areas and thereby limited. This provision shall apply even though such lot fails to meet the requirements for lot area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.

   B.   Undersized Lot: A residential building on an undersized lot shall not be considered a nonconforming building provided the building meets the bulk and setback requirements in that district. (Ord. 2011-01, 1-18-2011; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

   A.   If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage hereof and if all or part of the lots with no buildings do not meet the requirements established for lot width or area, the lands involved shall be considered to be an undivided parcel for the purposes of this title and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this title.

   B.   All lots in platted subdivisions which have been approved and filed for recording with the Blaine County recorder shall be exempted from subsection A of this section. (Ord. 2012-07, 10-9-2012)

All buildings and uses that existed prior to the adoption of the ordinance codified in this title and that were, at that time, in violation of the then existing state statutes or county zoning regulations shall not be considered to be either nonconforming uses or nonconforming buildings. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)