A nonconforming building or structure existing at the time of adoption of this Ordinance may be continued and maintained except as otherwise provided in this section.

(Ord. No. 376, 6-7-21)

Any advertising sign, billboard, commercial advertising structure, or statuary, which is lawfully existing and maintained at the time this Ordinance became effective, which does not conform with the provisions hereof shall not be structurally altered and all such nonconforming advertising signs, billboards, commercial advertising structures and statuary, and their supporting members shall be completely removed from the premises not later than three (3) years from the effective date of this Ordinance.

(Ord. No. 376, 6-7-21)

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance, notwithstanding limitations imposed by other provisions of this ordinance. Such lot must me in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall confirm to the regulations for the district in which such lit is located. Variance of yard requirements may be obtained through action of the Board of Adjustment.

(Ord. No. 376, 6-7-21)

Where at the time of passage of this ordinance lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, and were such use involved no individual structure with a replacement cost exceeding one thousand dollars ($1,000.00) the used may be continued so long as it is otherwise lawful.

(a)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land that was occupied at the effective date of adoption or amendment of this ordinance;

(b)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this ordinance;

(c)

If any such nonconforming use of land ceases for any reason for a period of more than thirty (30) days, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located;

(d)

No additional minor structures are to be constructed unless the parcel perimeter and all outdoor storage is screened by an opaque, ornamental fence or wall not less than five (5) feet high and not more than eight (8) feet high. A onetime expansion of the lot area involved (and identified at the time this ordinance was adopted) may be granted if the same screening occurs. This expansion may increase the nonconforming area by twenty (20) percent.

(e)

No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such nonconforming use of land.

(f)

No major structures shall be constructed in connection with the nonconforming use. A minor structure shall be any building with a replacement cost of less than one thousand dollars ($1,000.00) not including its contents or specialized work - related machinery.

(Ord. No. 376, 6-7-21)

Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yard, its location on the lot, parking requirements, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.

(a)

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(b)

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than percent of its replacement cost at time of destruction, it shall not be reconstruction except in conformity with the provisions of this ordinance.

(c)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. No. 376, 6-7-21)

If lawful use involving individual structures with a replacement cost of one thousand dollars ($1,000.00) or more, or if structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful, subject to the following provisions.

(a)

No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located, except in accordance with Section 7.

(b)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use for a period of one (1) year after time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.

(c)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a special exception be changed to another nonconforming use provided that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use us equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Adjustment, may require appropriate conditions and safe guards in accord with the provisions of this ordinance. The result of such a change shall not result in the establishment of a tavern or liquor store.

(d)

Any structure, or structure and land in combination in or on which a nonconforming use id superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

(e)

When a nonconforming use of a structure, (or portion thereof), or structure and premises (or portion thereof), in combination, is discontinued or abandoned for six (6) consecutive months or for twelve (12) months during a three-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(f)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall require elimination of the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of the replacement cost at time of destruction.

(Ord. No. 376, 6-7-21)

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten (10) percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be provided that the cubic content existing when it became nonconforming shall not be increased.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in the conformity with the regulations of this district in which it is located.

Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

(Ord. No. 376, 6-7-21)

Any use which is permitted as a special exception in a district under the terms of this ordinance (other than a change through Board of Adjustment action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use I such district, but shall without further action be considered a conforming use.

(Ord. No. 376, 6-7-21)