Sec. 16.0. It is the intent of this chapter to provide for regulations governing lots, buildings, structures and uses thereof, which were legal before this Ordinance was enacted, that would be prohibited or restricted under provisions of this Ordinance. It is the intent of this chapter to permit these uses, lots, buildings or structures to continue until the nonconformity is discontinued or removed.

These nonconformities are declared by this Ordinance to be incompatible with uses, buildings and structures lawfully permitted by this Ordinance. As such, the regulations of this chapter are designed to ensure that nonconformities will be regulated so as to result in a minimum of disharmony in the zoning district in which they are located.

Sec. 16.1.

A.

Where, on the date of adoption of this Ordinance, a lawful principal use of a lot or parcels exists but is no longer permissible under terms of this Ordinance, such principal use may continue so long as it remains otherwise lawful.

B.

Non-conforming uses shall not be changed to another non-conforming use, except after approval by the Board of Appeals. The Board of Appeals, prior to granting the change, shall find that the proposed use is more conforming to the intent of the zoning district in which the use is to be located than the existing use. The Board may impose reasonable conditions to ensure greater compatibility with other uses in the zoning district.

C.

Non-conforming uses shall not be enlarged, expanded or increased in any manner as to increase the nature of the non-conforming, including but not limited to the addition of floor space, display area, dwelling units, or other facilities.

D.

Non-conforming uses shall not be reestablished if abandoned for a period longer than 270 consecutive days.

Sec. 16.2.

A.

Nonconforming buildings and structures may be altered or expanded without approval of the Board of Appeals, provided that such structural alteration or addition shall not increase the extent of the nonconformity and shall satisfy all other site development requirements of this Ordinance which are applicable.

B.

Nonconforming elements of buildings and structures may be structurally altered to increase the non-conformity only after the Board of Appeals has given approval and then, only if it is determined:

(1)

The proposed building or structure alteration complies as nearly as possible with the requirements of this Ordinance, and;

(2)

The granting of the approval for the construction of the proposed alteration will not have an adverse impact on neighboring property.

C.

Re-Establishment of Nonconforming Buildings and Structures:

(1)

Nonconforming buildings and structures shall not be reestablished in their non-conforming condition after damage or destruction if the estimated expenses of reconstruction exceeds 50 percent of the replacement cost of the building or structure. The Zoning Administrator shall make the determination of estimated reconstruction costs and building or structure replacement costs based on information provided by the owner of the building or structure and other information available. Persons aggrieved by the Zoning Administrator's decision may appeal to the Zoning Board of Appeals.

(2)

In cases where the cost does exceed 50 percent, the nonconforming building or structure shall not be replaced unless the building or structure is rebuilt to conform with requirements of this Ordinance. The Zoning Board of Appeals may grant a variance to this requirement, but only to the minimum extent necessary to accomplish a reasonable use of the lot, building or structure.

Sec. 16.3.

A.

Where the owner of a single, nonconforming lot or parcel of record in existence on the effective date of this Ordinance does not own sufficient land to enable conformance to requirements of this Ordinance relating to lot area, lot width, or both, such lot or parcel of record may be used as a building site, provided that provisions of this Ordinance are complied with to the maximum extent possible.

B.

The minimum side yard setback requirement for lots of record in any zoning district shall be ten percent of the lot width, but in no case shall the side yard be less than five feet.

C.

The Zoning Administrator shall work with the owner of a lot or parcel of record to ensure that the proposed use, building or structure complies to the maximum extent possible with the requirements of this Ordinance. The Zoning Administrator shall note on the final site plan all requirements for compliance he/she has imposed on the lot or parcel of record in permitting the use of the lot or parcels.