The requirements imposed by this title 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/or the lowering of property values. The regulations of this chapter are intended to alleviate such existing/potential problems by encouraging the gradual elimination of nonconformities. (Ord. 92-09, 4-14-1992)

   A.   Use Permitted; Conditions: Any vacant lot that does not conform to one or more of the lot size (area dimensions) requirements of the district in which it is located may be used in the manner in subsections B, C and D of this section if such vacant lot:

      1.   Is of record on the date of the original adoption of this title, being April 14, 1992;

      2.   Is at least thirty feet (30') wide; and

      3.   Is in compliance with section 11-4-10 of this title.

   B.   Lots In 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 above, provided all the bulk regulations of the particular district are observed.

   C.   Lots In 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; provided, that all bulk regulations of the particular district are observed.

   D.   Lots In Rural And Agricultural Districts: One single-family dwelling and related accessory structures may be erected on any vacant nonconforming lot in the rural and agricultural districts; provided, that all bulk regulations of the particular district are observed.

   E.   Two Or More Lots In Common Ownership: If two (2) or more lots or combination of lots and portions of lots with continuous frontage were of record and in common ownership on the effective date of this title, 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 title. (Ord. 95-2)

Any lawful structure which exists on the effective date of this title but which could not be erected under the terms of this title 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 provisions:

   A.   Enlargement Or Alterations: No such structure shall be enlarged or altered in any way which increases its nonconformity.

   B.   Relocation: No such structure shall be relocated unless, after relocation, it will conform to all the regulations of the district into which it is relocated.

   C.   Reconstruction: No such structure which is destroyed or damaged by any means shall be reconstructed if the administrator determines that the cost of such reconstruction exceeds fifty percent (50%) of the structure's market value at the time of loss, unless, after reconstruction, the structure will conform to all applicable regulations of the district in which it is located. In the event the administrator determines the estimated cost of reconstruction is less than fifty percent (50%) of the structure's market value at the time of loss, repairs or reconstruction shall be permitted, provided such work starts within six (6) months from the date the damage occurred and is diligently pursued to completion. (Ord. 92-09, 4-14-1992)

Any lawful use of land existing on the effective date of this title that would not be permitted under the terms of this title may lawfully continue, subject to the following provisions:

   A.   Intensification Or Extension Of Use: A nonconforming use of land shall not be intensified or extended to occupy a greater area of land than was occupied by such use on the effective date of this title.

   B.   Relocation: No conforming use of land shall be moved, in whole or in part, unless such use, upon relocation, will conform to all pertinent regulations of the district in which it is proposed to be located.

   C.   Change Of Use: A nonconforming use of land shall not be changed except to a use that is permitted under the applicable district regulations.

   D.   Discontinuance Of Use: When a nonconforming use of land is discontinued for a period of twelve (12) consecutive months, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the owner or operator shall not be counted in calculating the length of discontinuance. (Ord. 92-09, 4-14-1992)