A.

It is the purpose of this Article to provide regulations governing lots, buildings, structures and uses which were lawful prior to the enactment of this Ordinance, or amendments thereto, but which are regulated under the provisions of this Ordinance.

B.

It is recognized that there exists within the districts established by this Article and subsequent amendments, lots, structures, and uses of land and structures which were lawful before this Article was passed or amended which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments. Such uses are declared by this Article to be incompatible with permitted uses in the districts involved. It is further the intent of this Article 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 District.

C.

Nothing in this Article shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Article provided progress has been diligently pursued and substantial construction has occurred.

D.

The authorization of nonconformities that were legally established prior to enactment or amendment of this Ordinance to continue shall not apply to buildings, structures or uses which were not legally established prior to the enactment or amendment of this Ordinance. Those nonconforming uses or nonconforming structures which have not been legally established shall be declared illegal and shall be discontinued at the effective date of this Ordinance.

(Ord. No. 600, § 1, 1-8-2018)

A.

Use of Nonconforming Lots. In any District where single-family dwellings are permitted, any single lot of record existing at the effective date of adoption or amendment of this Article that fails to meet the applicable Zoning District requirements for area or width, or both, shall be considered to be a nonconforming lot of record. A single-family dwelling and customary accessory buildings may be constructed on a nonconforming lot of record provided the lot is at least 40 feet in width, and all other setbacks and all other requirements of this Ordinance are met.

B.

Nonconforming Contiguous Lots Under Same Ownership. If two (2) or more lots or combinations of lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this Article, and if all or part of the lots do not meet the requirements for lot width and area as established by this Article, the lots or combination of lots involved shall be considered to be an undivided parcel for the purposes of this Article. No portion of said parcel shall be used or occupied in a manner which diminishes compliance with lot width and area requirements established by this Article, nor shall any division of the parcel be made which creates a lot width or area below the requirements stated in this Article.

(Ord. No. 600, § 1, 1-8-2018)

A lawful use of land or structure or land in combination existing at the effective date of adoption or amendment of this Article that is no longer permissible under the terms of this Article as enacted or amended, shall be considered a nonconforming use. A nonconforming use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

A.

A nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Article.

B.

A nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Article.

C.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

D.

A nonconforming use that is replaced by a permitted use, shall thereafter conform to the regulations for the District in which the use is located, and the nonconforming use may not thereafter be resumed.

E.

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status.

F.

An existing structure devoted to a nonconforming use shall not be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the zoning district in which it is located, or to bring the structure into greater conformity with the Ordinance.

G.

A nonconforming use that is determined to be abandoned shall not be reestablished, and any subsequent use shall conform to this Ordinance. A nonconforming use shall be determined to be abandoned if there is a clear intent to abandon when considering the following conditions:

(1)

Utilities, such as water, gas and electricity to the property have been disconnected; or

(2)

The property, building, or grounds have fallen into disrepair in a manner which result in violation of applicable zoning and property maintenance codes, or would otherwise give the appearance of neglect or abandonment; or

(3)

Signs or other indications of the existence of the nonconforming use have been removed; or

(4)

Equipment or fixtures necessary for the operation of the nonconforming use have been removed; or

(5)

Other actions, which in the opinion of the Zoning Administrator, constitute an intention on the part of the property owner or lessee to abandon the nonconforming use.

(Ord. No. 600, § 1, 1-8-2018)

A lawful structure that existed prior to the effective date of adoption or amendment of this Article that is no longer permissible under the terms of this Article as enacted or amended shall be considered a nonconforming structure. A nonconforming structure may be continued, so long as it remains otherwise lawful, subject to the following provisions:

A.

A nonconforming building or structure may not be extended or enlarged or altered, except as follows:

(1)

Nonconforming side yards of a residential dwelling may be extended provided said extension is no closer to the side lot lines than the existing dwelling; and

(2)

A nonconforming residential building or structure may be extended or enlarged provided that said extension or enlargement does not itself violate, increase the violation, or cause the building to violate any provision of this chapter, other than permitted in Section A.(1) above.

B.

All normal repairs and maintenance work required to keep a nonconforming building or structure in sound condition may be made, but such building or structure shall not be structurally altered in a way inconsistent with the description and purpose of this article.

C.

A nonconforming building or structure that is destroyed by any means to an extent of more than sixty (60%) percent of its replacement cost, exclusive of the foundation at the time of destruction, shall not be reconstructed except in conformity with the provisions of this Article, except that a nonconforming residential building or a residential building on a nonconforming lot may be reconstructed to its former size, shape and location on the lot.

D.

A nonconforming building or structure that is moved for any reason for any distance whatever, shall thereafter conform to the regulations for the District in which it is located after it is moved.

E.

A nonconforming building or structure that is altered so as to eliminate, remove or lessen any or all of its nonconforming characteristics, shall not be altered or modified and any time thereafter to re-establish the nonconforming characteristics.

(Ord. No. 600, § 1, 1-8-2018)

A.

On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding fifty (50%) percent of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.

B.

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

(Ord. No. 600, § 1, 1-8-2018)

There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and premises provided there is no change in the nature or character of such nonconforming uses.

(Ord. No. 600, § 1, 1-8-2018)