8.2.1.

Conformance required. No parcel or structure shall be used and no structure shall be erected, constructed or altered which is not in conformance with the applicable use, lot, yard, height, and other regulations in this chapter, except as may be provided herein.

8.2.2.

Nonconforming uses. Any principal or accessory use existing on the effective date of this code or amendment thereto but not permitted thereafter shall be deemed a nonconforming use. Such nonconforming use may continue in use provided that:

A.

The use is not enlarged, increased or extended to be greater than existed on the effective date of this code or amendment, which caused its nonconformance.

B.

No additional structure is erected or constructed in connection with such use, except that nothing in this code shall prevent the repair or rehabilitation of a building or part thereof, provided, however, that building height and floor area are not increased.

C.

A use, which shall have been abandoned or ceased in operation for at least 12 months, shall not be reestablished as a nonconforming use.

8.2.3.

Nonconforming lots. In any zoning district, principal and accessory structures otherwise authorized under this chapter may be erected or constructed on any single nonconforming lot, which existed, separate and apart from other adjoining lots owned by the same person, on the effective date of adoption or amendment of this code, if all zoning district requirements other than lot area or width are met. If two or more lots and/or combinations of lots and/or portions of lots that abut in single ownership existed on the effective date of adoption or amendment of this code, or if such lots and/or portions thereof are subsequently combined in single ownership with other adjoining lots, and if all or part of the lots do not meet the requirements established for lot width or lot area, then the lands involved shall be considered to be an undivided lot for the purposes of this code. No portion of said undivided lot shall be sold or subdivided in a manner, which does not comply with the lot width, or lot area requirements established within this chapter. Provided, however, a nonconforming lot may be increased in size even if such increase does not allow the lot to meet the minimum lot width and lot area requirements established by this chapter. Provided further, the adjoining lot or lots, from which the land is removed to create the increase to the subject lot, does not become nonconforming or does not increase in nonconformity. Any relief, which may be granted under this section, shall be considered a variance. After the effective date of adoption or amendment of this code, no new subdivision shall be permitted which creates a lot width or area below the requirements required by this chapter. Additionally, nonconforming lots under single ownership that are vacant or developed, may be used provided that the use is a conforming use and the minimum lot width is 50 feet or greater.

8.2.4.

Nonconforming structures. Any structure existing on the effective date of this code or amendment thereto which thereafter is not in conformance with the yard, height and other requirements of this code shall be deemed a nonconforming structure. Such nonconforming structure may continue in use, provided that:

A.

It is not enlarged, altered or extended in any way, which increases its nonconformity (it may be altered to decrease its nonconformity, however).

B.

If it is damaged in excess of 50 percent of its then-assessed value, any reconstruction shall comply with this code.

C.

If it is moved for any reason, or for any distance, it shall thereafter conform to this code.

(Ord. No. 210, Exh. A, 8-24-04)