Upon adoption of this ordinance or subsequent amendments, there may exist lots, structures, and uses of land and structures which were lawful prior to the adoption of this ordinance, or amendments adopted later, but which are not in conformance with the provisions of this ordinance, or amendments adopted later. It is the intent of this ordinance to permit these nonconforming lots, structures, and uses to continue, but not to encourage their prolonged existence.

1.

In districts zoned for single-family residential, nonconforming lots may be utilized, provided the width and depth is not less than 70 percent of that required by this ordinance. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall prevail even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.

2.

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this ordinance.

Where a lawful structure exists at the effective date of adoption of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provision:

1.

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity; however, an exception in SF1 and SF2 districts may allow the continuance of the existing nonconformity along the building face along the side plane. The continuance shall be a firewall as defined by the Uniform Building Code. This exception applies to side yards only and may not be granted for front or rear yard nonconformities.

2.

Should such nonconforming or nonconforming portion of structure be destroyed by any means to an extent of more than 50 percent of its replacement value at [the] time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.

3.

Should such structure be moved for any reason whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

4.

Should such structure be altered or modified so as to eliminate, remove, or lessen any or all of its nonconforming characteristics, [it] shall not be later reestablished or increased.

(Ord. No. 324, § 1, 3-24-1999)

Where, at the effective date of this ordinance or amendment thereto, lawful use of land exists that is made no longer permissible under the provisions of this ordinance as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following limitations:

1.

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land that was occupied at the effective date of adoption or amendment of this ordinance.

2.

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

3.

If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

4.

No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such nonconforming use of land.

If lawful use involving individual structures with an assessed value of $500.00 or more of structure and premises in combination exists at the effective date of adoption of this ordinance that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

2.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.

3.

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restriction, it shall not thereafter be changed to a nonconforming use.

4.

When a nonconforming use of a structure or structure and premises in combination is [are] discontinued or abandoned for one year, the structure or structure and premises in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.

5.

When a nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this section is defined as damage to an extent of more than 50 percent of the replacement value at time of destruction.

1.

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50 percent of the estimated value of the building as determined by the most recent assessment of the market value of the structure for purposes of taxation, provided that the cubic content of the buildings as it existed at the time of enactment or amendment of this ordinance shall not be increased.

2.

Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

3.

Nothing in this ordinance shall be deemed to prevent buildings from coming into compliance with state or federal law.