(a)

Nonconformities in general.

(1)

The provisions that protect uses, structures, and lots that lawfully existed prior to the adoption of the ordinance from which this chapter is derived or a subsequent amendment, but no longer conform to the new regulations. The primary intent of the treatment of nonconformity is to allow continuation of these uses, structures and lots until the end of their useful life, while encouraging conformance to the new regulations when it becomes reasonable to do so.

(2)

Lawful nonconforming uses, structures and lots are declared by this chapter to be incompatible with land uses, structures, and lots that conform to the requirements of the zoning districts in which the nonconformity exists. However, such nonconforming uses, structures, and lots may continue as set forth in this provision.

(b)

Nonconforming uses.

(1)

Nonconforming uses, defined. A use or activity which was lawful prior to the adoption or amendment of the ordinance from which this chapter is derived, but which fails, by reason of such adoption or amendment, to conform to the present requirements of the zoning district.

(2)

Continuance of nonconforming uses. To avoid undue hardship, the lawful but nonconforming use of any structure or land at the time of the enactment of the ordinance from which this chapter is derived or any subsequent amendment may be continued even though the use does not conform to the provisions of this chapter, except that the nonconforming use shall not be:

a.

Changed to another nonconforming use;

b.

Reestablished after discontinuance for one year;

c.

Extended except in conformity with this chapter;

d.

Rebuilt, altered or repaired if not commenced within one year after damage by fire, windstorm or other disaster when the damage exceeds 75 percent of the fair market sales value of the building immediately prior to the damage.

(c)

Nonconforming structures.

(1)

Nonconforming structures defined. A nonconforming structure is a structure or building whose size, dimensions, location on a property or other features were lawful prior to the adoption, revision or amendment of the ordinance from which this chapter is derived, but which, by reason of such adoption, revision or amendment, no longer meets or conforms to one or more such requirements of this chapter.

(2)

Continuance of nonconforming structures. A nonconforming structure may continue to be occupied and used, except that:

a.

A nonconforming structure shall not be repaired, rebuilt or altered after damage or destruction of 75 percent or more of its fair market value, unless the structure is a residence.

b.

If a nonconforming residential building or structure suffers damage, the building or structure may be reconstructed and reused as before if commenced within 12 months from the time such damage occurred; a damaged residential building or structure may be reconstructed to its original size and dimensions, even if nonconforming under this chapter, provided that the reconstruction adhere to current building codes and architectural guidelines requirements in effect at the time of reconstruction.

(3)

A nonconforming structure, which is not a residence, shall not be enlarged or altered in a way that increases its nonconformity, but it may be repaired to the extent necessary to maintain it in a safe and sanitary condition.

(4)

A nonconforming manufactured structure may be replaced with another nonconforming manufactured structure provided the structure is a residence and meets the current HUD requirements, and the zoning districts heated square footage requirements.

(5)

The strengthening or restoration to a safe condition of any nonconforming structure or part thereof declared to be unsafe by an official charged with protecting the public safety or health shall be allowed upon order of such official.

(d)

Nonconforming lots.

(1)

Nonconforming lots, defined. A lot lawfully existing at the effective date of the ordinance from which this chapter is derived (and not created for the purpose of evading the requirements of this chapter or chapter 105, development standards and regulations) but which fails by reason of the adoption or amendment of the ordinance from which this chapter is derived to conform to the present requirements for area, dimensions, or location of the zoning district.

(2)

Continuation of nonconforming lots.

a.

Where the owner of a lot at the time of the adoption of the ordinance from which this chapter is derived or the owner's successor in title thereto does not own sufficient land to enable such person to conform to the dimensional requirements of this chapter, either:

1.

Such lot may be used as a building site for a single-family residence in a district where residences are permitted; or

2.

Such lot may be used as a building site for any other use permitted in the zoning district; provided that said lot requirements or building setbacks are not reduced below the minimum specified in the appropriate district by more than 50 percent; and provided that the minimum requirements of the county board of health can be met for lots on septic systems.

b.

Lot dimensional reductions greater than the 50 percent maximum reduction set forth in this section may be approved upon appeal, provided that:

1.

The reduction is approved as a variance under the appeals procedure.

2.

The decreased requirements conform as closely as possible to the required dimensions.

(e)

Hardships and extenuating circumstances. If the loss or destruction of a nonconforming structure places an extreme hardship, or there are extenuating circumstances that will not allow the rebuild to commence within the 12-month allowed timeframe, the owner may apply to the county director of planning for an extension. Extensions are allowed up to 24 months, allowing the owner additional time to place his affairs in order.

(f)

Enforcement.

(1)

Intermittent or illegal use. 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 part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

(2)

Existence of a nonconforming use. Determination of whether a nonconforming use exists shall be a question of fact and shall be decided by the zoning administrator.

(3)

Buildings nonconforming in height, area or bulk. A building nonconforming only as to height, area or bulk requirements may be altered or extended, provided such alteration or extension does not increase the degree of nonconformity in any respect.

(4)

Nonconforming uses not validated. A nonconforming use in violation of a provision of the ordinance which this chapter amends or replaces, shall not be validated by the adoption of the ordinance from which this chapter is derived.

(5)

Discontinuance of a nonconforming use. All nonconforming signs, billboards, junkyards and nonconforming uses of land where no buildings are employed in connection with such use of land shall be discontinued.

(6)

Restoration of local historic properties or contributing buildings in local historic districts. Notwithstanding the limits established in this section, a nonconforming use, structure or building which is designated as a local historic property or which is listed as a contributing structure in a local historic district under the provisions of this Code may be rebuilt after damage by fire, windstorm or other disaster regardless of the extent of damage for the purpose of restoring the original structure.

(Ord. of 7-20-2009, § 14)

No building shall be erected, converted, enlarged, reconstructed, moved, structurally altered or used, except for a use permitted in the district in which such building is located.

(Ord. of 7-20-2009, § 15)

No land shall be used except for a purpose permitted in the district in which it is located.

(Ord. of 7-20-2009, § 16)

(a)

All lots created after enactment of the ordinance from which this chapter is derived shall conform in all respects to the minimum requirements set forth in the district in which such lot is located, to all other applicable requirements of this chapter, and the requirements of the development regulations set forth in chapter 105.

(b)

Every building hereafter erected, converted, enlarged, reconstructed, moved or structurally altered shall be located on a lot conforming in all respects to the minimum requirements set forth in the district in which such lot is located except as otherwise provided for in this chapter.

(c)

In no case shall more than one principal building be located on a residential lot except as otherwise provided for in this chapter.

(d)

Multiple agricultural use principal and accessory buildings are allowed on separate parcels within the AG zoning district.

(Ord. of 7-20-2009, § 17)

No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered to exceed the height limit herein established for the district in which such building is located.

(Ord. of 7-20-2009, § 18)

No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered except in conformity with the lot area, floor area, and building height regulations of the district in which such building is located.

(Ord. of 7-20-2009, § 19)

The minimum yards, parking spaces and open spaces required by this chapter for each building existing at the time of passage of the ordinance from which this chapter is derived, or for any building hereafter erected or structurally altered, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other structure.

(Ord. of 7-20-2009, § 20)

No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered except in conformity with the off-street parking and loading regulations of article VI of this chapter.

(Ord. of 7-20-2009, § 21)

No accessory structure shall be located, constructed or moved upon a lot until the construction of the principal building has actually been commenced. No accessory building shall be used unless the principal building is in place.

(Ord. of 7-20-2009, § 22)

No occupation shall be carried on within a dwelling or the curtilage thereof in any residential district unless such occupation and its conduct complies with the definition of "home occupation" and with the following standards:

(1)

Residents of the dwelling and up to a maximum of one full-time permanent and four temporary employees may be engaged in the home occupation.

(2)

The home occupation shall be subordinate and incidental to the residential use of the dwelling and must not change the essentially residential character of the building. No internal or external alteration inconsistent with the residential use of the building is permitted.

(3)

No display of products can be visible from the street.

(4)

The home occupation shall not exceed 25 percent of the principal dwelling.

(5)

Outside storage cannot be used in connection with the home occupation.

(6)

Only vehicles designed and used primarily as passenger vehicles (including pickup trucks and vans) may be used in connection with the conduct of the home occupation. In addition, all vehicles associated in connection with the home occupation must have adequate off-street parking and shall not place an increase traffic flow to the residential area.

(7)

The person conducting the home occupation shall obtain a business license from the county.

(8)

The home occupation may occupy up to 25 percent of the floor area of the principal dwelling up to a maximum of 1,000 square feet.

(9)

Home occupations must have the same address as the principal residence; additional or secondary addresses for the home occupation are not permitted.

(10)

In the application for business license, the applicant shall include complete information regarding the scope of the business and its possible impacts on surrounding properties, and shall also evidence its compliance with all requirements of this section.

(Ord. of 7-20-2009, § 23)

The following standards shall apply to home occupations in the AG district:

(1)

Only residents and not more than two full-time permanent employees may be engaged in the home occupation. For purposes of this chapter, two temporary part-time employees shall be considered as one full-time permanent employee.

(2)

The home occupation shall be subordinate and incidental to the residential and/or agriculture use of the property. No internal or external alteration inconsistent with the residential use of the principal dwelling is permitted.

(3)

Display of products may be visible from the street but are limited to display along no more than 60 feet of frontage of the lot. No products may be displayed within the public right-of-way.

(4)

The home occupation may occupy up to 25 percent of the floor area of the principal dwelling up to a maximum of 1,000 square feet. If the home occupation is located within an accessory building, the home occupation shall not exceed the floor area of the primary dwelling or 1,000 square feet, whichever is greater. If the home occupation is located in both the primary residence and an accessory building, the total floor area in use by the home occupation in both structures combined shall not exceed a total of 1,000 square feet.

(5)

Only vehicles designed for use primarily as passenger vehicles or farm vehicles may be used in the conduct of the home occupation. Trucks used in connection therewith are limited to one-ton class trucks.

(6)

Home occupations must have the same address as the principal residence; additional or secondary addresses for the home occupation are not permitted.

(7)

Signage is restricted to one non-illuminated sign no large than eight square feet in total area, with a maximum of two sides.

(8)

Vehicles used in connection with the home occupation, including customer vehicles, shall park only in the rear of buildings used in the home occupation.

(9)

The person conducting the home occupation shall obtain a business license from the county prior to the conduct of any business. In the application for such license, the applicant shall include complete information regarding the scope of the business and its possible impacts on surrounding properties, and shall also evidence its compliance with all requirements of this section.

(Ord. of 7-20-2009, § 24)

No manufactured home with metal exterior walls and no pre-engineered metal building shall be permitted for use as a principal dwelling or as an accessory dwelling in any residential zoning district. Detached metal garages are permitted in RES residential districts subject to placement upon a permanent foundation with concrete flooring. No other pre-engineered metal building shall be permitted in any zoning district except the AG agriculture, C-2 general commercial and the M manufacturing zoning districts. All pre-engineered metal buildings permitted in a commercial zoning district shall be modified by the architectural application of wood, stone, brick, ceramic tile, stucco or similar materials to the exterior facades that are viewed from a public street.

(Ord. of 7-20-2009, § 25; Ord. of 5-6-2024(4))