(a)   Upon the effective date of this Zoning Ordinance, and any amendment thereto, pre-existing structures or lots of record and existing and lawful uses of any building or land which do not meet the minimum requirements of this Zoning Ordinance for the district in which they are located, or which would be prohibited as new development in the district in which they are located, shall be considered as nonconforming.

   (b)   It is the intent of this Zoning Ordinance to permit these nonconforming uses to continue until they are removed, discontinued, or destroyed. Nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other lots, structures, or uses prohibited in the same district.

(Ord. 98-12. Passed 4-7-98.)

   Any lot of record existing at the time of the adoption of this Zoning Ordinance, which has dimensions which do not meet the requirements of this Zoning Ordinance, shall be subject to the following:

   (a)   Adjoining Lots. No such lot or parcel or portion thereof shall be used or sold in a manner diminishing compliance with lot width and area requirements established by this Zoning Ordinance, nor shall any division be made of sole-ownership adjoining lots which creates a single lot width and/or area below the requirements stated in this Zoning Ordinance.

   (b)   Lot Not Meeting Minimum Lot Size Requirements. In any district in which single- family dwellings are permitted, any lot of record existing at the time of the adoption of these regulations which has dimensions which are less than required by these regulations may be used as a building site for a single-family dwelling providing the lot area, lot width, and lot depth, are not less than eighty percent (80%) of the requirements in the district. No Zoning Permit shall be granted for the use of lots which are less than eighty percent (80%) of the requirements for the zoning district unless and until a Variance is granted by the Planning Commission.

(Ord. 98-12. Passed 4-7-98; Ord. 2023-20. Passed 6-14-23.)

   (a)   Nonconforming structures may not be enlarged, altered, or reconstructed in a way which increases its nonconformity, except those required by law or ordinance or ordered by an authorized officer to secure the safety of the structure, but any such structure may be altered to decrease its nonconformity.

   (b)   This provision shall not prevent the restoration of a nonconforming structure, which has been destroyed to the extent of not more than fifty percent (50%) of its replacement value, but only if such structure is restored within one (1) year of the date of its destruction. Otherwise, it shall not be reconstructed except in conformity with the provisions of this Zoning Ordinance.

   (c)   Any structure which is nonconforming solely because of its encroachment in a required yard area may be extended in any lawful manner that does not further encroach in that yard.

   (d)   Nonconforming mobile homes and mobile offices, if destroyed or removed, may not be replaced.

(Ord. 98-12. Passed 4-7-98.)

   (a)   Nonconforming uses of land shall not be enlarged or increased, nor shall any nonconforming use be extended to occupy a greater area of land than that occupied by such use at the time of the passage of this Zoning Ordinance.

   (b)   All nonconforming uses of land for business purposes in residential districts shall erect a buffer as described in Chapter 1161 along the property line, not a street line, abutting the residential district, whether developed or not. Buffers around nonconforming uses shall be completed within two (2) years of the effective date of this Zoning Ordinance or of the amendment which created the nonconforming status. Along the street, nonconforming businesses in residential districts shall provide landscaping in conformity with the surrounding area.

   (c)   If the nonconforming use of such structure is discontinued for a continuous period exceeding one hundred eighty (180) days, every future use of such premises shall be in conformity with the provisions of this Zoning Ordinance; provided, that this provision shall not apply to any nonconforming commercial or industrial use which normally operates less than ninety (90) calendar days in any given calendar year. The nonconforming use which normally operates less than ninety (90) calendar days in any given year (i.e., seasonal operation) shall not be continued after one (1) season has passed without operation.

(Ord. 98-12. Passed 4-7-98.)

   Notwithstanding the above provisions, any single-family dwelling located within a BD Downtown Business District or a BOP Business - Office - Professional District that was occupied as a single-family residence prior to April 7, 1998 may continue to be used as a single-family dwelling and may be repaired, expanded, rebuilt, or replaced as a single-family dwelling.

(Ord. 2017-21. Passed 8-16-17.)