15-1-1 If, at the time of enactment of this ordinance, any legal activity 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 ordinance, such manner of use or purpose may be continued as herein provided.

15-1-2 If any change in title or possession, or removal of a lease of any such lot or structure occurs, the use existing may be continued.

15-1-3 If any non-conforming use (structure or activity) is discontinued for a period exceeding two years, after the enactment of this ordinance, it shall be deemed abandoned and any subsequent use shall conform to the requirements of the ordinance.

15-1-4 Whenever a non-conforming structure, lot or activity, has been changed to a more limited non-conforming use, such existing use may only be changed to an even more limited use.

15-1-5 Temporary seasonal non-conforming uses that have been in continued operation for a period of two years or more prior to the effective date of this ordinance are exempt from the requirements of section 15-1, except as herein provided.

15-1-6 Automobile graveyards and junkyards in existence at the time of the adoption of this ordinance are to be considered as non-conforming uses. They shall be allowed up to 24 months after adoption of this ordinance in which to screen completely, on any side open to view from a public road, the operation or use by a fence or evergreen hedge, not less than seven feet high, as approved by the administrator.

15-1-7 Mobile home parks in existence at the time of the adoption of this ordinance are to be considered as non-conforming uses.

(Ord. of 6-12-18)

15-2-1 All owners or operators of non-conforming uses shall apply to the zoning administrator for a certificate of occupancy within one year after the adoption of this ordinance. Certificates of occupancy will be issued within one and one-half years after the adoption of this ordinance.

15-2-1.1 Any owner or operator of any non-conforming use who shall fail to comply with [subsection] 15-2-1 when required to do so, shall, in any proceeding in which it is material to inquire whether or not such non-conforming use, as defined in [subsection] 15-1-1, existed on the effective date of this ordinance, have the burden of proving by clear and convincing evidence that it did in fact so exist as of the date of the ordinance. Any owner or operator of a non-conforming use who shall comply with the provisions of [subsection] 15-2-1 or whose predecessors in title shall have complied with the provisions of [subsection] 15-2-1 shall in any proceeding in which it is material to inquire whether or not such non-conforming use as defined in [subsection] 15-2-1 existed on the effective date of this ordinance be entitled, subject to the provisions of [subsection] 21-4-1, to a conclusive presumption that such non-conforming use did in fact so exist on the effective date of this ordinance.

(Ord. of 6-12-18)

On any building devoted in whole or in part to any non-conforming use, work may be done on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared unsafe by any official charged with protecting the public safety upon order of such official.

(Ord. of 6-12-18)

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

(Ord. of 6-12-18)

15-5-1 Reserved. (Revised 7/24/12)

15-5-2 Reserved. (Revised 7/24/12)

15-5-3 Reserved. (Revised 7/24/12)

15-5-4 Family subdivision. A family subdivision is defined herein as a grouping or cluster of three or more houses owned and occupied by members of the same immediate family and in existence prior to the adoption of this zoning ordinance on February 22, 1975, with an effective date of March 1, 1975. For the purpose of this ordinance, immediate family members shall be defined as the natural or legal offspring, spouse or parent of the property owner(s). The board of supervisors may, for good causes shown, grant to the property owner(s) an exemption from the strict lot size and other zoning requirements for an expansion of the family subdivision for other members of the immediate family provided that the expansion does not increase the land area of the original subdivision by more than 20 percent. (Adopted 2/23/93)

(Ord. of 6-12-18)

Any lot of record at the time of the adoption of this ordinance which is less in area or width than the minimum required by this ordinance may be used provided the following requirements regarding setback, side, and rear yards are met. (Revised 1/11/05)

15-6-1 Setback regulations. Structures except signs shall be 35 feet or more from any street right-of-way unless the administrator shall, upon inspection of the neighborhood, determine that structures have been built on 40 percent of the existing lots on the same side on the street, within 1,000 feet on either side of said lot, in which instance, no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than 60 feet but shall require a front yard no less than 25 feet.

15-6-2 Side yard. The minimum side yard for each main structure shall be 15 feet.

15-6-3 Rear yard. Each main structure shall have a rear yard of 35 feet or more.

15-6-4 Special provisions for corner lot. Of the two sides of a corner lot, the front shall be deemed to be the shorter of the two sides fronting on streets. The corner side yard shall be 25 feet from edge of right-of-way. (Revised 10/28/08)

(Ord. of 6-12-18)

15-7-1 If a non-conforming structure or activity is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed 75 percent of the cost of reconstructing the entire activity or structure, it shall be restored or replaced only if such use complies with this ordinance.

15-7-2 When a conforming structure devoted to a non-conforming activity is damaged less than 75 percent of the cost of reconstructing the entire structure, or where a non-conforming structure is damaged less than 75 percent of the cost of reconstructing the entire structure, either may be repaired or restored provided any such repair or restoration is started within 12 months and completed within 24 months from the date of partial destruction.

15-7-3 The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any structure or activity devoted to a non-conforming use.

15-7-4 Any structure or activity existing prior to March 2, 1974, may be restored or replaced regardless of the percentage of destruction provided that setbacks and yard regulations are met.

(Ord. of 6-12-18)