The requirements imposed by this Code are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various districts. Lots, structures, and uses of land that do not conform to the requirements of this chapter tend to impede appropriate development. For example, nonconformities are frequently responsible for heavy traffic on residential streets, the creation of nuisances, and/or the lowering of property values. The regulations in this article are intended to alleviate such existing/potential problems by encouraging the gradual elimination of nonconformities.

(Ord. No. 1769, § 1(Att. 48.8.1), 9-21-2020)

Any vacant lot that does not conform to one or more of the lot size (area dimensions) requirements of the district in which it is located, that lot may, nonetheless, be developed for any use permitted in that district, as approved by the joint planning and zoning commission, provided such vacant lot:

(1)

Was recorded in the office of the county recorder of deeds prior to the effective date of this Code (or pertinent amendment thereto);

(2)

Has continuously remained in separate ownership from abutting tracts of land throughout the entire period during which the creation of such lot was prohibited by the applicable zoning code or other ordinances; and

(3)

Is at least 50 feet wide.

(Ord. No. 1769, § 1(Att. 48.8.2), 9-21-2020)

In the agricultural district and in any residential district, one single-family dwelling and related accessory structure, but no other use, may be erected on any vacant nonconforming lot of the type described above provided all the bulk regulations of the particular district are observed.

(Ord. No. 1769, § 1(Att. 48.8.3), 9-21-2020)

In the industrial district and in any business district, any structure permitted in the particular district may be erected on any vacant nonconforming lot of the type described above if the bulk requirements of that district are met.

(Ord. No. 1769, § 1(Att. 48.8.4), 9-21-2020)

If two or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the effective date of this Code, and if one or more of those lots does not meet the minimum lot width, depth, and area requirements of the district in which it is located, the land involved shall be considered an undivided parcel. No portion of any such parcel shall be developed except in compliance with this Code, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this Code.

(Ord. No. 1769, § 1(Att. 48.8.5), 9-21-2020)

Any otherwise lawful structure which exists on the effective date of this Code, but which could not be erected under the terms of this Code because of requirements/restrictions concerning lot size, height, setbacks, or other characteristics of the structure or its location on the lot, may lawfully remain, subject to the following provisions:

(1)

Maintenance. A nonconforming structure may be maintained by ordinary repairs.

(2)

Enlargement, alterations. A nonconforming structure shall not be enlarged or altered in any way which increases its nonconformity.

(3)

Relocation. A nonconforming structure shall not be moved unless, after relocation, it will conform to all the regulations of the district in which it is situated.

(4)

Reconstruction. No structure which is destroyed or damaged by any means shall be reconstructed if the administrator determines that the cost of such reconstruction exceeds 50 percent of the structure's market value at the time of loss, unless after reconstruction the structure will conform to all applicable regulations of the district in which it is located. In the event the administrator determines the estimated cost of reconstruction is less than 50 percent of the structure's market value at the time of loss, repairs or reconstruction shall be permitted, provided such work starts within six months from the date the damage occurred and is diligently prosecuted to completion.

The administrator may require that the reconstruction cost estimate be made by a bona fide construction contractor, and that the structure's market value at the time of loss be determined by a licensed real estate appraiser. The owner of the damaged structure shall be responsible for obtaining these estimates for the administrator. As an alternative, the market value may be determined by the administrator by using the "state equalized assessed value" multiplied by the number three.

The provisions of subsection (4) shall not apply to single-family dwellings.

(Ord. No. 1769, § 1(Att. 48.8.6), 9-21-2020)

If any lawful use occupying a structure exists on the effective date of this Code, such use may lawfully continue, subject to the following provisions:

(1)

Maintenance. Any structure housing a nonconforming use may be maintained through ordinary repairs.

(2)

Enlargement, alteration, reconstruction, relocation. No structure housing a nonconforming use shall be enlarged, structurally altered, reconstructed or relocated unless the use of the structure is changed to a permitted use.

(3)

Extension of use. No nonconforming use may be extended to any part(s) of the structure not intended or designed for such use, nor shall the nonconforming use be extended to occupy any land outside such structure.

(4)

Abandonment. A legally non-conforming use loses is legally non-conforming status if it is not used or abandoned for a period of six months or more. Any discontinuance caused by government action and without any contributing fault by the nonconforming user shall not be counted in calculating the length of discontinuance.

(5)

Discontinuance of use. When a nonconforming use of a structure or of a structure and premises in combination is discontinued for 12 consecutive months or for 18 months during any three year period, the nonconforming use shall not thereafter be resumed. Any discontinuance caused by government action and without any contributing fault by the nonconforming user shall not be counted in calculating the length of discontinuance.

(Ord. No. 1769, § 1(Att. 48.8.7), 9-21-2020)

Any lawful use of land existing on the effective date of this Code that would not be permitted under the terms of this Code may lawfully continue, subject to the following provisions:

(1)

Intensification or extension of use. A nonconforming use of land shall not be intensified, or extended to occupy a greater area of land than was occupied by such use on the effective date of this Code.

(2)

Relocation. No nonconforming use of land shall be moved, in whole or in part, unless such use, upon relocation, will conform to all pertinent regulations of the district in which it is proposed to be located.

(3)

Change of use. Whenever a nonconforming use of a building has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed to a less restrictive use. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.

(4)

Discontinuance. When a nonconforming use of land is discontinued for a period of 12 consecutive months or for 18 months during any three year period, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the owner or operator shall not be counted in calculating the length of discontinuance.

(Ord. No. 1769, § 1(Att. 48.8.8), 9-21-2020)

The regulations of this article shall not apply to any change in an existing structure or to any change in the use of a structure or of land for which a permit was issued prior to effective date of this Code or any pertinent amendment thereto, provided that the work authorized by such permit is completed within a reasonable time.

(Ord. No. 1769, § 1(Att. 48.8.9), 9-21-2020)