The purpose of this subchapter is to establish regulations and limitations on the continued existence of uses, lots, and structures established prior to the effective date of this zoning ordinance, February 18, 2014, that do not conform to the provisions of this chapter. Such nonconformities may continue, but the provisions of this chapter are to curtail substantial investment in nonconformities and to bring about their eventual elimination, where appropriate, in order to preserve the integrity of the regulations established in the zoning ordinance.

Any lawfully existing nonconforming use or nonconforming structure, may be continued so long as it remains otherwise lawful, subject to the provisions of this chapter.

(1)

In this subsection, "nonconforming use" means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform to the use restrictions in the current ordinance.

(2)

Ordinary repair and maintenance. Maintenance and incidental repair or replacement, and installation or relocation of non-load-bearing walls, non-load-bearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole, or in part, to a nonconforming use.

(3)

Temporary structure. The continuance of the nonconforming use of a temporary structure is hereby prohibited.

(4)

Expansion, relocation, damage or destruction. The alteration of, or addition to, or repair in excess of 50 percent of its assessed value of any existing building, premises, structure, or fixture, for the purpose of carrying on any prohibited trade or new industry within the zoning district where such buildings, premises, structures, or fixtures are located, is prohibited. The continuance of a nonconforming use may continue if any expansion, relocation, maintenance, repair, or other restoration of any nonconforming use is less than 50 percent of the assessed value of any existing building, premises, structure, or fixture used for the purpose of carrying on the nonconforming use provided that such repair or reconstruction is commenced and completed within 365 consecutive days of the date of such damage or destruction. A land use permit is required prior to starting any construction.

(5)

Change in use. A nonconforming use of land or of a structure shall not be changed to any use other than a use permitted by this zoning ordinance. When such nonconforming use has been changed to a permitted use, it shall only be used thereafter for a use permitted by this chapter. For purposes of the section, a use shall be deemed to have been changed when an existing nonconforming use has been terminated and a new use has been permitted.

(6)

Abandonment or discontinuance. When a nonconforming use of land or a nonconforming use of part or all of a structure is discontinued or abandoned for a period of 365 days, such use shall not be reestablished or resumed. Any subsequent use or occupancy of such land or structure shall comply with this chapter.

(7)

Damage or destruction.

(a)

In the event that any structure that is devoted in whole, or in part, to a nonconforming use is damaged or destroyed by any means, to the extent that the damage exceeds 50 percent of the equalized assessed value of such structure immediately prior to such damage, such structure shall not be restored unless the structure and the use will conform to all regulations of this chapter.

(b)

When such damage or destruction is 50 percent or less of the equalized assessed value of the structure immediately prior to the damage, the structure may be repaired and reconstructed and used for the same purposes as it was before the damage or destruction.

(1)

In this section, nonconforming structure means a dwelling, or other building, that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform to one or more of the development regulations in the current zoning ordinance.

(2)

Authority to continue. Any nonconforming structure that is devoted to a use that is permitted in the zoning district in which the structure is located, may continue so long as it remains otherwise lawful.

(3)

Enlargement, repair, and alterations. Any nonconforming structure may be repaired, maintained, altered, renovated, or remodeled. Enlargement of any nonconforming structure shall meet the requirements of this chapter. In instances in which other applicable ordinances are more restrictive, the more restrictive ordinance shall apply.

(4)

Damage or destruction. In the event that any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed by any means, such structure shall not be restored unless the structure and the use will conform to all regulations of this chapter, except if the damage or destruction is caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation. If the damage was caused by violent wind, vandalism, fire, flood, ice, snow, mold or infestation, the structure may be restored to the size, location, and use that it had immediately before such damage or destruction occurred. The size of a structure may be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.

(5)

Relocation. No nonconforming structure shall be relocated unless the entire structure shall conform to the regulations of this chapter.

(1)

Authority to use for development. Any legal, nonconforming lot of record may be used for the development of structures provided that all provisions of this chapter are met.

(2)

Size alteration. Any non-conforming lot of record may be increased or decreased in size provided the land added to or taken away from the nonconforming lot does not result in the creation of a new nonconforming lot.