A.

Nonconforming uses and structures are those which do not conform to a provision or requirement of this Ordinance but were lawfully established prior to the time of its applicability. It is recognized that those nonconformities which adversely affect the orderly development and the value of nearby property are not permitted to continue without restriction.

B.

The zoning regulations established by this Ordinance are designed to guide the future use of and in the City of Norway by encouraging appropriate groupings of compatible and related uses to promote and protect the public health, safety and general welfare.

C.

The continued existence of nonconformities is frequently inconsistent with the purpose for which these regulations were established. It is the purpose of this Ordinance to eliminate nonconforming uses and structures as permitted by law without payment of compensation, but not to create an undue hardship to the property owner.

D.

Any use or structure created in violation of any preceding City of Norway Zoning Ordinances remain a violation unless the use or structure is in compliance with the present Zoning Ordinance.

E.

Where, at the effective date of adoption of this Ordinance, a lawful use of land exists that is no longer permissible under the terms of this Ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the provisions of this article.

A.

A nonconforming structure may be enlarged to occupy an area no greater than 110 percent of its gross floor area at the effective date of adoption of this Ordinance without the approval of the planning commission.

B.

If a nonconforming structure is damaged by fire or other casualty and such damage is less than the state equalized value of such property, reconstruction or repair may proceed without the approval of the planning commission.

C.

If damage caused by fire or other casualty to a nonconforming structure equals or exceeds the state equalized value of such property, reconstruction or repair to the structure is not permitted unless the planning commission authorizes the continuation of the nonconforming structure. A written application for such authorization must be filed with the planning commission within six months of the occurrence.

D.

Structural alterations to the interior of a nonconforming structure are permitted without the approval of the planning commission.

E.

Structural alterations to the exterior of a nonconforming structure as required by local, state or federal laws or regulations are permitted without the approval of the planning commission.

F.

A nonconforming use or structure may be moved in whole or in part to any other portion of the lot or parcel occupied by such use or structure subject to the specific approval of the planning commission.

G.

No nonconforming use or structure shall be resumed if it has been discontinued for a continuous period of 12 months, unless caused by casualty or fire. Reconstruction or repair activities due to casualty or fire must be completed within a stipulated 18-month time period, unless extended by the planning commission.

H.

A nonconforming use or structure shall not be resumed if it has been changed to a conforming use or structure.

I.

In the situation where two or more nonconforming dwellings are located on the same lot and one dwelling sustains damage by fire or other casualty, to the extent that the cost of reconstruction or repair exceeds the state equalized value of the structure, the damaged structure shall be removed, unless the damaged dwelling is closer to the street or faces a street. In such case it may be rebuilt with the approval of the planning commission.

J.

Existing driveways that do not conform to current zoning ordinance regulations shall be considered nonconforming driveways and shall be brought into conformance with current regulations under the following conditions:

1.

When new access permits are requested;

2.

When driveway upgrades are proposed;

3.

If the use served by the nonconforming driveway discontinues for a consecutive period of two years, or;

4.

As major road improvements take place at the discretion of the City of Norway.

A.

A written application shall be filed with the planning commission utilizing forms obtained from the zoning administrator which shall include:

1.

Name and address of property owner and applicant, if not same;

2.

A legal description of the property or lot;

3.

A site plan pursuant to sections 1103 or 1104;

4.

An explanation describing the present nonconforming use or structure;

5.

An explanation of any proposed addition or alteration to the uses or structures;

6.

Time frame for completion of the project; and,

7.

Comparison of the proposed activity to the existing structure or use.

B.

The zoning administrator shall, upon receipt of an administratively complete application, schedule a public hearing before the planning commission in accordance with the procedures of section 1403. The applicant must demonstrate that they have not created the nonconforming situation and must demonstrate a necessity for the continuation or expansion of the nonconforming use or structure. Upon hearing the facts and information, the planning commission shall make its decision in writing and set forth the findings and reasons on which it is based, pursuant to the standards identified in section 1404. Conditions may be attached, including any time limit, where necessary, to assure that the use or structure does not become contrary to the public health, safety, or welfare, or the spirit and purpose of this Ordinance.

A.

In granting its approval, the planning commission shall review the particular facts and circumstances of each request in terms of the following standards and shall find adequate evidence showing that:

1.

The continuance of the use or structure would not be contrary to the public health, safety and welfare or the spirit of this Ordinance;

2.

The use or structure does not, and is not likely to significantly decrease the value of nearby properties;

3.

No useful purpose would be served by strict application of the provisions or requirements of this Ordinance with which the use or structure does not conform;

4.

The use or structure will be harmonious with and in accordance with the general policies or specific objectives of development plans adopted by the planning commission;

5.

The use or structure will be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area;

6.

The use or structure will not be hazardous or disturbing to existing or foreseeable neighboring uses;

7.

The use or structure will not diminish the value of land, buildings, or structures in the district;

8.

The use or structure will be served adequately by essential public facilities and services; and,

9.

The use or structure will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.

A.

It is recognized that there exists within the City of Norway structures which were lawfully established prior to passage of this Ordinance, but which no longer are in conformance with this Ordinance.

B.

It is the intent of this section to permit such legal nonconforming structure to be reconstructed as a result of damage by fire or other casualty, without the approval of the planning commission, provided in this case, that there has been a prior determination that it is "class A".

C.

The planning commission shall, upon receipt of an application, schedule a public hearing in accordance with the procedures of section 1403. A written application shall be filed with the planning commission which shall include:

1.

Name and address of property owner;

2.

A legal description of the property or lot;

3.

A site plan pursuant to section 1103 or 1104; and

4.

An explanation describing the present nonconforming structure or use.

D.

Upon hearing the facts and information, the planning commission shall make its decision in writing as to whether the structure shall be granted a class A nonconforming designation. The findings and reasons shall be based, pursuant to the standards identified in section 704.

E.

The conferring of a class A nonconforming designation on a structure only allows the structure to be rebuilt or reconstructed in the event it is damaged by casualty or fire without obtaining the approval of the planning commission.

F.

Should the nonconforming structure or use become a conforming structure or use, the class A nonconforming designation becomes null and void.

G.

Any class A nonconforming use or structure maintained or used in violation of this Ordinance is a nuisance per se. Violations not corrected shall be reported to the planning commission. The planning commission shall, upon receipt of said violation, schedule a public hearing. Upon hearing the facts and information, the planning commission shall make its decision to consider revocation of the class A nonconforming designation in writing and set forth the findings and reasons on which it is based.

Any person aggrieved by the planning commission's granting or failure to grant class A status must appeal that decision to the Circuit Court of Dickinson County, as provided by law (within 30 days).

A.

All nonconforming uses and structures not designated as class A are considered as class B. It is the purpose of this Ordinance to eliminate class B nonconforming uses and structures as rapidly as is permitted by law without payment of compensation. No class B nonconforming use shall be resumed if it has been discontinued for a continuous period of at least 12 months or if it has been changed to a conforming use for any period, or if the structure in which such use is conducted is damaged by fire or other casualty to the extent that the cost of reconstruction or repair exceeds 50 percent of the reproduction cost of such structure.

B.

No class B nonconforming use shall be changed to a substantially different nonconforming use, except as provided in subsection C. below; nor enlarged so as to make use of more land area than was used at the time of becoming nonconforming. No class B nonconforming use or structure shall be permitted to continue in existence if it was unlawful at the time of its inception.

C.

A class B nonconforming use in a building or structure may, upon application to and approval by the zoning administrator, be changed to another nonconforming use provided the existing nonconforming conditions are the same or are made less nonconforming.

D.

Upon application to and approval by the zoning administrator, any nonconforming characteristic of use, including setbacks or other physical elements may be upgraded in the direction of greater conformity.

Any nonconforming parcel of land shown as a lot in a map recorded with the county register of deeds, or described in a deed or land contract or lease agreement which has been perpetual, executed together with an affidavit or acknowledgement of a notary public, prior to the effective date of this Ordinance, and which lot actually exists as shown or described; may be used for permitted uses even though the lot area and/or dimensions are less than those required for the district in which the lot is located, provided that yard dimensions and other requirements of the district, not involving lot area or width, are met.

If a parcel contains more than one nonconforming lot, which is contiguous and in one ownership and would make one or more conforming lots, then only one principal structure shall be permitted per conforming parcel. In addition, if a parcel contains more than one nonconforming lot which is contiguous and in one ownership but would not make one or more conforming lots, then only one principal structure would be permitted per parcel. The spirit of this provision is to limit density in areas of historically small lots to provide for proper isolation for wells, septic systems, drainage and similar public health considerations. No vested right shall arise to the property owner for any parcel created in violation of any preceding City of Norway Zoning Ordinance.