After the effective date of the ordinance from which this article is derived, preexisting lots or structure, or uses or lots or structures which would be prohibited under the regulations for the district in which located, shall be considered as nonconforming. Nonconforming lots, structures, or uses may be continued provided they conform to the following provisions in this article.

(Code 1977, § 9-4051)

The lawful use of a building existing at the time of the passage of this article shall not be affected by this article, and such use may be extended throughout the building provided no structural alterations, except those required by law, ordinance or ordered by the administrative official to secure the safety of the building are made therein, but no such use shall be extended to occupy land outside such building. If such nonconforming building is removed or the nonconforming use of such building is discontinued for a continuous period of more than 180 days, every future use of such premises shall be in conformity with the provisions of this article.

(Code 1977, § 9-4051.1)

The lawful use of land existing at the time of the passage of the ordinance from which this article is derived, although such use does not conform to the provisions of this article, shall not be affected by this article; provided, however, that no such nonconforming use shall be extended to occupy a greater area of land than occupied by such use at the time of the passage of the ordinance from which this article is derived. If such nonconforming use is discontinued for a continuous period of more than 180 days, every future use of said land shall be in conformity with the provision of this article.

(Code 1977, § 9-4051.2)

(a)

Nonconforming uses and nonconforming portions of buildings shall not hereafter be enlarged or extended in any way; provided, however that a building which is nonconforming solely because of its encroachment is a required yard area that may be extended in any lawful manner that does not further encroach in that yard.

(b)

The board of commissioners shall determine the following exceptions for owner occupied residents (not renter occupied): Owner-occupied residents may extend a nonconforming building up to a maximum of 500 square feet to be granted on a one time basis for the nonconforming building. If the nonconforming building changes ownership or remains in the same ownership, further nonconforming extensions will not be allowed. In addition, extensions of the nonconforming building will not be granted by the town board of commissioners if the existing setbacks cannot be met or if there is any health or safety concern.

(Code 1977, § 9-4051.3)

Any nonconforming use may be changed to any conforming use, or with the approval of the board of adjustment, to any use more in character with the uses permitted in the district. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accordance with the provisions of this article.

(Code 1977, § 9-4051.4)

If active operations of a nonconforming use are discontinued for a continuous period of 180 days, such nonconforming use shall thereafter be used only for a conforming use.

(Code 1977, § 9-4051.5)

If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by any means to an extent of more than 60 percent of its assessed valuation at the time of destruction, such structure may not be restored as a nonconforming structure or for a nonconforming use. If destroyed by less than 60 percent but not restored within 12 months of the time such damage occurred, it may not be restored as a nonconforming structure or for a nonconforming use. Owner-occupied residences, which are nonconforming uses may be rebuilt regardless of the extent of the destruction. However, existing setbacks shall be enforced.

(Code 1977, § 9-4051.6)

Normal maintenance and repair in a building occupied by a nonconforming use is permitted provided it does not increase the bulk of the structure nor extend the nonconforming use. Exception: Existing nonconforming manufactured homes.

(1)

Purpose. There are a number of existing manufactured homes that are nonconforming because of type rather than use in the corporate limits of the town and its exterritorial jurisdiction. The town board of commissioners deems it proper to allow replacement of manufactured homes (residence use) that meet the following criteria:

a.

Application for replacement. The applicant shall deliver a completed application, furnished by the town, to the administrative official. The application will then be forwarded to the town board of commissioners for consideration. The application will contain, at minimum, the following statements and information:

1.

Owner name, contact number, mailing address, and property address.

2.

Name and address of property owners within 300 feet of the manufactured home lot being considered.

3.

A statement that the applicant currently resides in the existing unit and was owner of the unit and lot prior to September 7, 2000.

4.

A statement that applicant will occupy the proposed new unit for at least one year.

5.

A site plan drawn to scale (one inch = 30 feet maximum) showing lot shape, size, and all dimensions. All structures and improvements, including primary and accessory buildings, shall be drawn to scale, positioned on-site plan showing the distances from each other and from the front, rear and side yard property lines.

6.

A statement that the replacement unit will meet the following criteria:

(i)

The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction.

(ii)

The front entrance to the manufactured home has stairs and a porch, the porch being at least four feet by six feet in size. Stairs, porches, entrance and exit to and from the home shall be installed or constructed in accordance with the state building code.

(iii)

The manufactured home is set up in accordance with the standards set by state department of insurance and a continuous, permanent masonry foundation or masonry curtain wall, unpierced, except for required ventilation and access, is installed under the perimeter of the manufactured home.

(iv)

The moving hitch, wheels, axles, and transporting lights have been removed.

(v)

Manufactured home shall comply with the FHA (Federal Housing Administration) requirements relative to tie downs.

b.

Fee. The board of commissioners shall set a fee, payable to the town to cover the necessary administrative costs. This set fee shall be posted in the town clerk's office.

(2)

Action by board of commissioners. The board shall review all applications and determine if newer units may replace existing manufactured homes on individual lots. The board will not grant replacement if zoning district setbacks and lot coverage cannot be met or if the board determines that imposing other conditions cannot adequately protect the public health, safety and general welfare.

(3)

Intent. It is the intent of this criteria to ensure that these manufactured homes, when installed, shall have substantially the appearance of an on-site conventionally built single-family dwelling, to include landscaping in harmony with surrounding dwellings.

(4)

Expiration. Any replacement of noncompliant or nonconforming manufactured homes allowed by ordinance, must be applied for and completed within six months of the demise or removal of such unit.

(Code 1977, § 9-4051.7)