(a)

Any lawful land, buildings, and structures and the uses thereof existing at the time of the enactment or subsequent amendment of this chapter which do not conform to the zoning prescribed for the district in which they are situated shall be considered nonconforming.

(b)

Nonconforming land, buildings, and structures and the uses thereof may be continued only so long as:

(1)

The then-existing or a more restricted use continues;

(2)

Such use is not discontinued for more than two (2) years; and,

(3)

The buildings or structures are maintained in their then structural condition.

(c)

The burden of establishing nonconforming status shall be that of the owner of the property.

(d)

Nothing in this section prevents keeping in good repair a nonconforming building or a building in which a nonconforming use is conducted.

(Ord. of 11-27-18(1); Ord. of 3-25-25)

(a)

Whenever a nonconforming use is enlarged or extended beyond the size, character, or intensity of the use as it existed at the time that it became nonconforming, the nonconforming status of such use shall terminate and become unlawful. Any subsequent use shall conform to the regulations applicable in the district in which it is located. When a use is regulated by this chapter in a quantifiable manner, including but not limited to regulations limiting the number of unrelated occupants permitted in a dwelling unit and limiting the density of dwelling units, any quantifiable increase shall constitute an enlargement or extension beyond the size, character, or intensity of the use.

(b)

If a nonconforming use is changed to a more restricted nonconforming use for a period of more than two (2) years, the original nonconforming use shall be deemed abandoned and the use shall not thereafter be changed back to the original nonconforming use.

(c)

No building or structure associated with a nonconforming use shall be structurally altered, as provided in the Uniform Statewide Building Code unless:

(1)

A zoning verification letter has been received documenting the existence and extent of the nonconforming use; and

(2)

The structural alteration to the building or structure does not increase or extend the square footage dedicated to the nonconforming use. Any use of new square footage added to the building or structure must be a use otherwise permitted in the zoning district.

(d)

If a building or structure occupied by a nonconforming use is damaged or destroyed by a natural disaster or an act of God, then the building or structure may be restored and nonconforming use continued so long as the use is not discontinued for more than two (2) years.

(e)

In the B-2 (General Business) and M-1 (General Industrial) Districts, an otherwise nonconforming single-family detached dwelling that has been converted to contain multiple dwelling units or expanded beyond its permitted number of occupants may continue as a nonconforming single-family detached dwelling, notwithstanding subsections (a) through (c). provided that: (1) the total square footage of the structure has remained unchanged and (2) occupancy of the single-family home is reduced or limited to one (1) family or two (2) unrelated individuals. Nothing in this subsection shall be construed to prevent the building official from enforcing compliance with the Uniform Statewide Building Code.

(Ord. of 11-27-18(1); Ord. of 3-25-25)

(a)

The owner of any building or structure damaged or destroyed by a natural disaster or other act of God may repair, rebuild, or replace such building or structure to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance.

(1)

If such building or structure is damaged greater than fifty (50) percent of the present assessed value of the building or structure and cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. Any work done under this subsection to repair, rebuild or replace such building or structure shall be in compliance with the provisions of the Uniform Statewide Building Code and the provisions of applicable local floodplain regulations.

(2)

Unless such building or structure is repaired, rebuilt or replaced within two (2) years of the date of the natural disaster or other act of God, such building or structure shall only be repaired, rebuilt or replaced in accordance with the provisions of the zoning ordinance, except if such building or structure is in an area under a federal disaster declaration and the building or structure has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, in which case the owner shall have an additional two (2) years to repair, rebuild or replace such building or structure.

(b)

An existing porch or carport with a roof that is nonconforming as to height or setback regulations but devoted to a conforming use may be enclosed, provided that such addition does not compound the existing nonconformity as to setback and height regulations. In the event that enclosing of the porch or carport creates a public safety problem, such enclosure shall not be allowed.

(Ord. of 11-27-18(1))