The requirements imposed by this chapter are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various districts. Lots, structures, and uses of land or structures that do not conform to the requirements of the district in which they are located impede appropriate development. For example, nonconformities are frequently responsible for heavy traffic on residential streets, the overtaxing of parking facilities, the emission of noxious fumes or excessive noise, and the lowering of property values. The requirements of this article are intended to alleviate such existing potential problems by encouraging the gradual elimination of nonconformities.

(Ord. No. 2195, § 2, 1-16-06)

(a)

Vacant lots. Any vacant lot that does not conform to one or more of the lot size (area, dimensions) requirements of the zoning district in which it is located may be used in the manner indicated in subsections (b) and (c) of this section if such vacant lot:

(1)

Is a lot of record on the date of the adoption of the ordinance from which this chapter derives; and

(2)

Has continuously remained in separate ownership from abutting tracts of land throughout the entire period during which the creation of such lot was prohibited by any applicable zoning or other ordinance.

(b)

Residential districts. In any residential district, one single-family dwelling and related accessory structures, but no other use, may be erected on any vacant nonconforming lot of the type described in subsection (a) of this section, provided all the setback and off-street parking regulations of the particular district are met.

(c)

Commercial and industrial districts. In the industrial district and in any commercial district, any structure permitted in the particular district may be erected on any vacant nonconforming lot of the type described in subsection (a) of this section if the setback and off-street parking requirements of that district are met.

(d)

Two or more lots in common ownership. If two or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the effective date of the ordinance from which this chapter derives, and if one or more of those lots does not meet the minimum lot width, depth and area requirements of the district in which it is located, the land involved shall be considered an undivided parcel. No portion of any such parcel shall be developed except in compliance with this chapter, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this chapter.

(Ord. No. 2195, § 2, 1-16-06)

Any lawful structure which exists on the effective date of the ordinance from which this chapter derives, but which could not be erected under the terms of this chapter because of restrictions on lot size, height, setbacks, or other characteristics of the structure or its location on the lot, may lawfully remain, subject to the following:

(1)

Enlargement, alterations. No such structure shall be enlarged or altered in any way which increases its nonconformity.

(2)

Relocation. No such structure shall be relocated unless, after relocation, it will conform to all the requirements of the district in which it is located.

(3)

Reconstruction. Any nonconforming structure which is destroyed or damaged by any means may be reconstructed, provided it does not increase its nonconformity, and provided such work starts within 12 months from the date the damage occurred and is diligently prosecuted to completion.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2242, 4-16-07; Ord. No. 2304, § 1, 6-2-08)

If any lawful use occupying a structure exists on the effective date of the ordinance from which this chapter derives, but would not be allowed under the terms of this chapter, such use may lawfully continue, subject to the following:

(1)

Minor repair and maintenance. Minor repairs to routine maintenance or structures and property, where nonconformities exist are permitted. Work estimated to cost more than ten percent of the structural value of the structure to be repaired, shall be prohibited unless authorized by the administrative official.

(2)

Enlargement, alteration, reconstruction, relocation. No structure housing a nonconforming use shall be enlarged, structurally altered or relocated unless the use of the structure is changed to a permitted use. A structure may be reconstructed, provided it is built within the same footprint and does not increase the square footage.

(3)

Extension of use. No nonconforming use may be extended to any part of the structure not intended or designed for such use, nor shall the nonconforming use be extended to occupy any land outside such structure.

(4)

Change of use. A nonconforming use occupying a structure shall not be changed except to a use permitted under the applicable district regulations.

(5)

Discontinuance of use—Abandonment. When a nonconforming use of a structure, or of a structure and premises in combination, is discontinued for 12 consecutive months, the nonconforming use shall not thereafter be resumed. Any discontinuance caused by government action and without any contributing fault by the nonconforming user, shall not be counted in calculating the length of discontinuance.

(Ord. No. 2195, § 2, 1-16-06; Ord. No. 2305, § 1, 6-2-08)

The requirements of this article shall not apply to any change in an existing structure or to any change in the use of a structure for which a permit was issued prior to the effective date of the ordinance from which this chapter derives or any pertinent amendment thereto, provided that the work authorized by such permit is completed within a reasonable time.

(Ord. No. 2195, § 2, 1-16-06)