The purpose of this Article is to establish requirements for the reasonable continuation of legally established uses or structures which no longer meet current land use regulations. It is also intended to prevent the expansion of nonconforming uses and structures and to provide for the gradual elimination of such nonconformities.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Continuance. The lawful use of land or buildings existing at the time of the passage or amendment of this Chapter which does not conform to the regulations prescribed in this Chapter shall be deemed a nonconforming use. Such use may be continued subject to such regulations as to the maintenance of the premises and conditions of operation as may, in the judgment of the Board of Trustees, be reasonably required for the protection of adjacent or neighboring property.

(B)

Discontinuance. If a nonconforming use is discontinued for a period of six (6) continuous months or more, any future use of said land or building must be in conformance with the provisions of this Chapter.

(C)

Limitation. A nonconforming use shall not be expanded or changed to another nonconforming use. The extension of a continuing use to any portion of a building which was arranged or designed for such nonconforming use at the time of the passage of this Chapter, or any amendment thereto, shall not be deemed an expansion of a nonconforming use within the meaning of this Article.

(D)

Alteration. No building housing a nonconforming use may be structurally altered to an extent exceeding fifty percent (50%) of the replacement value of the building at the time of alteration, unless the use of said building is changed to a conforming use. Additionally, a nonconforming use, if changed to a conforming use, may not thereafter be changed back to any nonconforming use.

(E)

Discontinuance of particular uses. Nonconforming junkyards, outdoor dismantling establishments or storage yards or areas for motor vehicles not in running order (except those awaiting repair or restoration) shall be discontinued within two (2) years from the date a written order directing the abatement of such use.

(F)

Change to lesser usage. A nonconforming use may be changed to a less objectionable use of higher classification but not to a use of lower classification, nor shall a nonconforming use be changed to another use of the same classification, unless the new use shall be deemed by the Board of Trustees, after public notice and hearing, to be no more harmful to the surrounding neighborhood than the existing nonconforming use.

(G)

Damage to building. When a building or structure housing a nonconforming use has been damaged by fire or other cause to the extent of more than fifty percent (50%) of its replacement value, the nonconforming use shall be terminated and any repair or rebuilding of the building or structure, and any use housed therein, shall be accomplished in strict conformance with the regulations contained in this Chapter.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Continuance. A nonconforming building or structure lawfully existing at the time of the passage of this Chapter, or any amendment thereto, may be continued, except as provided in this Article.

(B)

A nonconforming building or structure damaged or destroyed to the extent of less than fifty percent (50%) of its value may be repaired or altered but not expanded, and any building, structure or portion thereof declared unsafe by the Building Official may be strengthened or restored to a safe condition; except in the event a nonconforming building or structure is completely destroyed, then any and all reconstruction shall conform to the requirements of this Chapter unless otherwise allowed by the Board of Adjustment pursuant to Article XXII of this Chapter.

(C)

A building or structure nonconforming as to height or yard regulations shall not be added to or enlarged in any manner unless such addition or enlargement conforms to all regulations of the zoning district in which it is located.

1.

The height limits established herein for any district shall not apply to chimneys, stacks, water towers, radio towers (including antenna), wind generators, grain elevators, windmills, silos, elevators, monuments, domes, spires, belfries, hangars, accessory appurtenances and flag poles.

2.

The Board of Adjustment may allow exceptions to yard area and width requirements, provided that such exceptions can be permitted without substantial detriment to the public good and without substantially impairing the intent and the purpose of this Article as embodied in this Chapter and the Zoning Map:

a.

Front yard: On a through lot, the front yard requirements of a district in which such lot is located shall apply to each street frontage. Every part of a required front yard shall be open and unobstructed from its lowest point to the sky, except for landscaping, fencing and exempted in Section 16-5-40 in Article V of this Chapter.

b.

Side yard: Every part of a required side yard shall be open and unobstructed from its lowest point to the sky, except for landscaping, fencing and exempted in Section 16-5-40 in Article V of this Chapter.

(Ord. 2015-3, §1, 1-4-2016)

A nonconforming lot or parcel of land lawfully existing on the effective date of this Chapter, or any amendments thereto, may be utilized for development so long as any use or building occurring or constructed thereon satisfies all zoning and other development requirements applicable to such lot or parcel (e.g., setbacks, yard and parking). Adjacent nonconforming lots under single or unified ownership may be merged to create a single conforming lot pursuant to the procedures provided for the same in Article XX of this Code.

(Ord. 2015-3, §1, 1-4-2016)