(a)

Legal activities, lots and structures. If, at the time of enactment of this chapter or any subsequent amendment thereto, any legal activity which is being pursued or any lot or structure legally utilized in a manner or for a purpose which does not conform to the provisions of this chapter, such manner of use or purpose may be continued as provided in this section.

(b)

Titles of possession and leases. If any change in title of possession or renewal of a lease of any such lot or structure occurs, the use existing may be continued.

(c)

Discontinuations and vacancies. If any such existing nonconforming activity or use of a lot or structure has been discontinued or vacated for a period exceeding two years, it shall be deemed abandoned, and any subsequent use shall conform to the requirements of this chapter.

(d)

Permits for construction or use. Nothing contained in this section shall require any change in the plans of construction of any use or structure for which a permit was granted prior to adoption or amendment. However, such use must commence within 30 days after the effective date of this chapter. If construction is not completed within one-year, further construction shall be in conformity with the provisions for the district in which the operation is located.

(e)

Superseded by a permitted use. When any nonconforming use is suspended by a permitted use, the use shall thereafter conform to the regulations for the district, and no nonconforming use shall thereafter be resumed.

(Ord. No. 06-2020, Att. 1, 6-9-2020)

(a)

Moving of structure or building. No nonconforming structure or building shall be, for any reason, moved for any distance unless it shall thereafter conform to the zoning regulations for the district in which it is located after it is moved.

(b)

Repairs and maintenance. Nonconforming uses and structures may be repaired and maintained, and unsafe structures may be made safe, as long as the nonconformity is not increased.

(c)

Expansion or enlargement.

(1)

No nonconforming structure or building may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(2)

Should a proposed alteration of a nonconforming single-family detached structure not meet current yard dimensions or setbacks, and the expansion proposed is less than 20 percent of the original footprint of the nonconforming structure, the zoning administrator may administratively approve the expansion if the proposed expansion does not increase the nonconformity of the existing yard dimensions or setbacks.

(3)

No nonconforming use shall be enlarged nor increased nor extended to occupy more land or greater area of a structure than was used for such uses as of the date of adoption or amendment of this chapter.

(d)

Restoration and replacement.

(1)

Elimination or reduction of nonconformance. If a nonconforming building or use is damaged or destroyed by fire, natural disaster or other act of nature, such building may be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance.

(2)

Restoration with original nonconformance. A nonconforming building or use damaged or destroyed by fire, natural disaster or other act of nature may also be restored if such building is damaged greater than 50 percent and cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. The owner shall:

a.

Apply for a building permit and any work done to repair, rebuild or replace such building shall follow the provisions of the Uniform Statewide Building Code.

b.

Such building may also be repaired, rebuilt or replaced to its original nonconforming condition, so long as the building is repaired, rebuilt or replaced within two years of the natural disaster.

(3)

The cost of land or any factor other than the cost of the structure shall be excluded in the determination of the cost of restoration for any structure or activity devoted to a nonconforming use.

(Ord. No. 06-2020, Att. 1, 6-9-2020)

Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this article.

(Ord. No. 06-2020, Att. 1, 6-9-2020)

In any district, structures and customary accessory buildings may be erected and/or enlarged on any single lot of record as of the adoption or the date of amendment of this chapter, so long as said structure and customary accessory buildings, and/or enlargements thereto comply with the setback and yard requirements imposed by other provisions of this chapter.

(Ord. No. 06-2020, Att. 1, 6-9-2020)