Any structure or use lawfully existing upon the effective date of the ordinance from which this chapter is derived may be continued at the size and in manner of operation existing upon such date as hereinafter specified.

(Code 2004, § 807.03(subd. 1(1)); Ord. No. 143, § 7(1), 3-12-2013)

Nothing in this chapter shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the building official.

(Code 2004, § 807.03(subd. 1(3)); Ord. No. 143, § 7(3), 3-12-2013)

When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

(Code 2004, § 807.03(subd. 1(4)); Ord. No. 143, § 7(4), 3-12-2013)

Whenever a nonconforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot or act of God, it may be reconstructed and used as before if it is reconstructed within 12 months after such calamity unless the damage to the structure is 50 percent or more of its fair market value (as estimated by the building official), in which case, the reconstruction shall be for a use in accordance with the provisions of this chapter.

(Code 2004, § 807.03(subd. 1(5)); Ord. No. 143, § 7(5), 3-12-2013)

Whenever a lawful, nonconforming use of a building or structure or land is discontinued for a period of one year, any future uses of said building or structure or land shall be in conformity with the provisions of this chapter.

(Code 2004, § 807.03(subd. 1(6)); Ord. No. 143, § 7(6), 3-12-2013)

(a)

Normal maintenance of a building or other structure containing or related to a nonconforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use.

(b)

A lawful nonconforming use may be changed only to a use of the same or more restricted classification.

(Code 2004, § 807.03(subd. 1(8)); Ord. No. 143, § 7(8), (9), 3-12-2013)

Alterations may be made to a structure containing nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units and conform to the following regulations.

(1)

The nonconformity is due solely to setbacks.

(2)

The addition is not within the shore impact zone.

(3)

The addition will not encroach further into any setback.

(4)

The size of the addition shall not exceed 50 percent of the size of the existing primary structure.

(5)

The height of the addition shall not exceed the height of the existing structure.

(6)

Beyond minor alterations needed to accommodate the addition, no structural modifications shall be made to the original structure.

(7)

No permits shall be granted under this provision for homes in which a previous variance has been approved.

(8)

The proposed addition must comply with all other provisions in this chapter.

(Code 2004, § 807.03(subd. 1(10)); Ord. No. 143, § 7(10), 3-12-2013; Ord. No. 215, § 5, 4-9-2024)