If, at the time of enactment of this chapter or any subsequent amendment thereto, any legal activity which is being pursued or any lot or structure legally utilized in a manner or for a purpose which does not conform to the provisions of this chapter, such manner of use of purpose may be continued as herein provided:

(1)

If any change in title of possession or renewal of a lease of any such lot or structure occurs, the use existing may be continued.

(2)

If any nonconforming use (structure or activity) is discontinued for a period exceeding two (2) years after the enactment of this chapter or amendment thereto, it shall be deemed abandoned and any subsequent use shall conform to the requirements of this chapter.

(3)

A nonconforming structure, lot or use may be changed only to another use of a substantially similar character as the original use or to a more restrictive use.

(4)

Whenever a nonconforming structure, lot or activity has been changed to a more limited nonconforming use, such existing use may only be changed to an even more limited use.

(5)

When any nonconforming use is superseded by a permitted use, the use shall thereafter conform to the regulations for the district, and no nonconforming use shall thereafter be resumed.

(6)

The construction or use of a nonconforming building or land area for which a building permit was legally issued prior to the adoption or amendment of this chapter my proceed, provided that such building is completed within one (1) year or such use of land established within thirty (30) days after the effective date of this chapter.

(Ord. No. 196, 6-10-2020)

On any building devoted in which or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs or on repairs or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding twenty (20) percent of the current replacement value of the structure; provided, that the cubic content of the structure as it existed at the time of passage or amendment of this chapter, shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, on order of such official.

(Ord. No. 196, 6-10-2020)

(a)

A nonconforming structure to be extended or enlarged shall conform with the provisions of this chapter.

(b)

A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the time of passage or amendment of this chapter.

(Ord. No. 196, 6-10-2020)

(a)

If a nonconforming building or use is damaged or destroyed by fire, natural disaster or other act of God, such building may be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance. Such building may also be repaired, rebuilt or replaced to its original nonconforming condition. The owner shall apply for a building permit and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the Uniform Statewide Building Code. Any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the local floodplain regulations adopted as a condition of participation in the National Flood Insurance Program. Unless such building is repaired or rebuilt within two (2) years of the date of the natural disaster or replaced within two (2) years of the date of the natural disaster or other act of God, such building shall only be repaired, rebuilt or replaced in accordance with the provisions of this chapter. However, if the nonconforming building is in an area under a federal disaster declaration and the building has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then the owner shall have an additional two (2) years for the building to be repaired, rebuilt or replaced as otherwise provided in this section. For purposes of this section, owners of property damaged by an accidental fire have the same rights to rebuild such property as if it were damaged by an act of God. Nothing herein shall be construed to enable the property owner to commit an arson and obtain vested rights under this section.

(b)

Except as otherwise provided in subsection (a), above, if a nonconforming activity or structure is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed fifty (50) percent of the cost of reconstructing the entire structure, it shall be restored only if it complies with the requirements of this chapter. However, structures which are nonconforming only because of inadequate street frontage or lot width may be reconstructed provided that a variance of yard and/or setback requirements, if required, is obtained from the board of zoning appeals.

(c)

Except as otherwise provided in subsection (a), above, where a conforming structure devoted to a nonconforming activity, or where a nonconforming structure, is damaged less than fifty (50) percent of the cost of reconstructing the entire structure, either may be repaired or restored, provided that any such repair or restoration is started within twelve (12) months and completed within eighteen (18) months from the date of such partial destruction.

(d)

The cost of land or any factor other than the cost of the structure shall be excluded in the determination of the cost of restoration for any structure or activity devoted to a nonconforming use.

(Ord. No. 196, 6-10-2020)

Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this article.

(Ord. No. 196, 6-10-2020)

Where a lot of record at the time of adoption or amendment of this chapter has less area or width than herein required in the district in which it is located and the owner of such lot does not own any other parcel or tract adjacent thereto, the lot may nevertheless be used for a single-family dwelling or for any other non-dwelling use permitted in the district in which it is located; provided, that a variance of setbacks and/or side and rear yard requirements, if required, is obtained from the board of zoning appeals.

(Ord. No. 196, 6-10-2020)

Nothing in this section shall be construed to prevent the landowner or homeowner from removing a valid nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code. In such mobile or manufactured home park, a single-section home may replace a single-section home and a multi-section home may replace a multi-section home. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single- or multi-section, that meets the current HUD manufactured housing code. Any such replacement home shall retain the valid nonconforming status of the prior home.

(Ord. No. 196, 6-10-2020)