A parcel of land which does not comply with the area or requirements in the district in which it is located shall be and the same is hereby declared to be a lawful building site provided:

A.

Any lot or parcel of land under one ownership and of record or the subject of a sale on the effective date of this chapter and where no adjoining land was then or now owned by the same person, may be used as a building site even when of less area or width than that required by the regulations for the district in which it is located; or

B.

Such site is approved by the variance procedure as outlined here in; or

C.

Such site conforms to the code requirements, but was made nonconforming by acquisition of a portion thereof by a governmental entity so that the parcel size is decreased not more than twenty percent (20%) and the yard facing any road was decreased not more than fifty percent (50%).

D.

Where buildings or structures have been erected prior to, or subsequent to, the effective date of this chapter, the area on which such buildings or structures are erected shall not be subsequently divided so as to reduce the building site area and/or frontage below the requirements of this chapter for the zoning district within which such building exists.

(Ord. 1359, 1987)

A lawful use of land or a building on the effective date of this regulation or its amendment which is made no longer permissible by the terms of this regulation or its amendment may be continued if it remains otherwise lawful, subject to the following provisions:

A.

No such nonconforming use shall be enlarged, increased, or extended to occupy a greater area of land or a greater portion of a building than was occupied by such use at the effective date of the adoption or amendment of this regulation.

B.

No such nonconforming use shall be moved in whole or in part to any other portion of the lot, parcel, or building being occupied by such use at the effective date of the adoption or amendment of this regulation.

C.

If any such nonconforming use ceases for a period of twelve (12) months any subsequent use of land or a building shall conform to the zoning regulations for the zone in which it is located.

(Ord. 1359, 1987)

(Ord. No. 1964, 7-20-2020)

Where structures exist that could not be built under the terms of this regulation, such structures may be continued so long as they remain otherwise lawful; providing that:

A.

No such structure may be enlarged or altered in a way that increases its nonconformity.

B.

Should such structures be destroyed by any means, in extent of more than fifty percent (50%) of its assessed evaluation at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

C.

Should such structure be moved, it shall thereafter conform to the regulations for the district to which it is relocated.

(Ord. 1359, 1987)

Any land, building, or structure of nonconforming use may be maintained or repaired; provided such repair or maintenance does not constitute an expansion or enlargement; provided, further, that the board of adjustment may grant a permit for the enlargement of an existing building or erection on the same lot or plot of ground of additional buildings for trade, business, or industry located in the district restricted against its use where such enlargement or expansion of facilities will not be detrimental to or tend to alter the character of the neighborhood.

(Ord. 1359, 1987)