1.

It is the intent of this Ordinance to permit nonconforming lots of record and nonconforming uses of land and structures to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance that nonconformities shall not be enlarged upon, expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone district.

2.

Any nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this Ordinance by addition of other uses of a nature which would be prohibited generally in the zone district involved.

3.

To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change of plans, construction, or designated use of any building on which actual construction was lawfully initiated prior to the effective date of adoption or amendment of this Ordinance, and upon which actual building construction has been carried on diligently. For the purposes of this article, actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Additionally, site excavation shall be deemed to be "actual construction" provided that work shall be carried on diligently.

1.

Nonconforming "Single" Lots of Record.

a.

In any zone district, any use that is permitted may be allowed on any single lot of record, as defined herein, at the effective date of adoption or amendment of this Ordinance. 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 zone district, provided that yard dimensions and requirements other than those applying to the area or width, or both, of the lot shall conform to the regulations for the zone district in which such lot is located.

b.

Variance of yard requirements shall be obtained only through action of the Planning Commission.

2.

Two or More Nonconforming Lots of Record with Continuous Frontage Changing Ownership After the Effective Date of this Ordinance.

a.

If two or more undeveloped lots in single ownership with continuous frontage are "of record" at the time of enactment of this Ordinance, and if, subsequent to the passage of the Ordinance, such lots become nonconformities in the zone district where located; and if such lots change ownership after the enactment of this Ordinance, the lands involved shall be considered as an undivided parcel for the purposes of this Ordinance, and no portion of said undivided parcel shall be used in a manner which diminishes compliance with the lot width and/or lot area requirements established by the Ordinance, nor shall any division of any parcel be made which creates a lot width or area (or both) below the requirements stated in this Ordinance. The provisions of this subsection shall not apply to two or more undeveloped lots of record in single ownership with continuous frontage that remain in the same ownership following enactment of this Ordinance. Such lots not changing ownership shall continue to be considered divided parcels, and the owner of such lots may erect structures on each lot as permitted in the applicable zone district.

3.

Nonconforming Use of Land.

a.

Where open land is being used for a nonconforming use, such use shall not be extended or enlarged either on the same or adjoining property.

4.

Nonconforming Use of Buildings.

a.

Except as otherwise provided herein, the lawful use of a building existing at the effective date of this Ordinance may be continued although such use does not conform to the provisions hereof. No such nonconforming structure may be enlarged or altered in any way that increases its nonconformity. If no structural alterations are made, a nonconforming use of a building may be hereafter extended throughout a building that was lawfully and manifestly arranged or designed for such use at the time of the enactment of the ordinance.

5.

Discontinuance of Nonconforming Uses.

a.

A non-conforming use of land or of a structure shall not be changed to any use other than a use permitted in the zoning district in which such land or structure is located. When such nonconforming use has been changed to a permitted use, it shall only be used thereafter for a use permitted in the zoning district in which it is located. For purposes of this subsection, a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated or there is a change of ownership.

6.

Destruction of a Nonconforming Use.

a.

No building which has been damaged by any cause whatsoever to the extent of more than 50 percent of the fair market value of the building immediately prior to damage, shall be restored except in conformity with the regulations of the ordinance and all rights as a nonconforming use are terminated.

b.

If a building is damaged by less than 50 percent of the fair market value, it may be repaired or reconstructed to its original size and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within 12 months of the date of such damage.

7.

Intermittent Use.

a.

The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

8.

Existence of a Nonconforming Use.

a.

In cases, of doubt, and on specific questions raised, whether a nonconforming use exists shall be a question of fact and shall be decided by the Governing Authority after public notice and hearing and receipt of the report and recommendation of the Planning Commission.