A.

This title establishes separate districts, each of which is an appropriate area for the location of the uses that are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures, lots, and uses that substantially and adversely affect the orderly development and taxable value of other property in the district not be permitted to continue without restriction.

B.

The purpose of this chapter is to provide for the regulation of nonconforming buildings, structures, and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures, and uses shall be permitted to continue. A nonconforming lot has less than the prescribed minimum lot area and/or lot width or depth or all three.

(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)

A.

The lawful use of buildings, structures or land existing on the effective date of this title or of amendments thereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued.

B.

Any legal nonconforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, as otherwise permitted herein.

C.

Any building, for which a permit has been lawfully granted prior to the effective date of this title or of amendments thereto, may be completed in accordance with the approved plans provided construction is started within 90 days and diligently pursued to completion. Such building shall thereafter be deemed a lawfully established building.

(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)

A.

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

B.

No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:

1.

When the alteration is required by law.

2.

When the alteration will actually result in eliminating the nonconforming use.

3.

When a building in a residential district containing residential nonconforming uses may be altered in any way to improve livability provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.

C.

A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use and is made to conform to all the regulations of the district in which it is located.

D.

No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

E.

No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space or any land beyond the boundaries of the zoning lot as it existed on the effective date hereof or to displace any conforming use in the same building or on the same parcel.

F.

A building or structure which is nonconforming with respect to yards, floor area ratio or any other element of bulk regulated herein shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located.

(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)

A.

Rebuilding.

1.

If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of 50 percent or more of its replacement value at that time, the building or other structure can be rebuilt thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than 50 percent of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction.

2.

In either event, restoration or repair of the building or other structure must be started within a period of six months from the date of damage or destruction, and diligently completed within a period not to exceed 18 months.

B.

Residential/business nonconforming use. In the area bounded by Washington Street on the north, South Street on the south, County Line on the west and Palmer Drive on the east, any nonconforming residential or business use in any zoning district within this area can be rebuilt if damaged or destroyed, provided all other provisions of this title regarding nonconformance are met.

(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)

A.

No building or tract of land shall be devoted to any use other than the one which is specified as a permitted, special, or accessory use as identified in section 11-11-8, special uses, of this title in the zoning district in which such building is located.

B.

However, where a building permit for a building or structure has been issued in accordance with applicable laws prior to the effective date of this section, and where construction has begun within six months of such effective date and diligently pursued to completion, said building or structure may be completed in accordance with approved plans on the basis of which the building permit was issued; and further, may, upon completion, be occupied under the certificate of occupancy by use originally designed, subject to the provisions of this section.

(Ord. 2017-14, 7-5-2017; amd. Ord. 2021-15, 11-9-2021)