(a)

General purpose. The requirements imposed by this chapter are designed to guide the use of land by encourage the development of structures and uses that are compatible with the predominate character of each of the various districts. Lots, structures, and uses of land or structures that do not conform to the requirement of the district in which they are located impede appropriate development. For example, nonconformities are frequently responsible for heavy traffic on residential streets, the overtaxing of parking facilities, the emission of noxious fumes or excessive noise, and the lowering of property values. The regulations of this article are intended to alleviate such existing/potential problems by encouraging the gradual elimination of nonconformities.

(b)

Nonconforming lots. Any vacant lot that does not conform to one or more of the lot size (area dimensions) requirements of the district in which it is located may be used in the manner in sections 118-12(b)(1) or 118-12(b)(2) below if such vacant lot is of record on the date of the adoption or amendment of this chapter and is at least 30 feet wide.

(1)

Residential districts. In any residential district, one single-family dwelling and related accessory structures, but no other use, may be erected on any vacant nonconforming lot of the type described above provided all the bulk regulations of the particular district are observed.

(2)

Commercial and industrial districts. In the industrial district and in any commercial district, any structure permitted in the particular district may be erected on any vacant nonconforming lot.

(3)

Two or more lots in common ownership. If two or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the effective date of this chapter, and if one or more of those lots does not meet the minimum lot width, and area requirements of the district in which it is located, the land involved shall be considered an undivided parcel. No portion of any such parcel shall be developed except in compliance with this chapter.

(c)

Nonconforming structures. Any lawful structure which exists on the effective date of this chapter but which could not be erected under the terms of this chapter because of restrictions on lot size, height, setbacks, or other characteristics of the structure or its location on the lot may lawfully remain subject to the following provisions:

(1)

Enlargement, alternations. No such structure shall be enlarged or altered in any way which increases its nonconformity.

(2)

Relocation. No such structure shall be relocated unless, after relocation, it will conform to all the regulations of the district in which it is located.

(3)

Reconstruction. No such structure which is destroyed or damaged by any means shall be reconstructed if the zoning enforcement officer determines that the cost of such reconstruction exceeds 50 percent of the structure's market value at the time of loss, unless, after reconstruction, the structure will conform to all applicable regulations of the district in which it is located. In the event the zoning enforcement officer determines the estimated cost of reconstruction is less than 50 percent of the structure's market value at the time of loss, repairs or reconstruction shall be permitted, provided such work starts within six months from the date the damage occurred and it diligently pursued to completion. An exception to this regulation will be allowed in the less restrictive "C-2," "C-3," "D," "E," "M" and "R" districts if a more restrictive nonconforming structure is destroyed or damaged by a catastrophe. In such case the owner will be allowed to rebuild pending approval by the zoning enforcement officer and conformance with the current building code.

An example of this is fire destroying a home in the "E" industrial district. If the owner so desires, he will be allowed to rebuild his home as before.

The zoning enforcement officer may require estimates as he/she deems necessary. The owner shall be responsible for obtaining all such estimates, at his/her cost.

(d)

Nonconforming uses occupying a structure. If any lawful use occupying a structure exists on the effective date of this chapter but would not be allowed under the terms of this chapter, such use may lawfully continue, subject to the following provisions:

(1)

Maintenance. Any structure housing a nonconforming use shall be maintained through ordinary repairs.

(2)

Enlargement, alteration, reconstruction, relocation. No structure housing a nonconforming use may be enlarged, structurally altered, reconstructed, or relocated unless the use of the structure is changed to a permitted use.

(3)

Change of use. A nonconforming use occupying a structure shall not be changed except to a use permitted under the applicable district regulations.

(4)

Discontinuance of use. When a nonconforming use of a structure, or of a structure and premises in combination, is discontinued for 12 consecutive months as determined by the zoning enforcement officer, the nonconforming use shall not thereafter be resumed. Any discontinuance caused by government action and without any contributing fault by the nonconforming user shall not be counted in calculating the length of discontinuance.

(e)

Nonconforming uses of land. Any lawful use of land existing on the effective date of this chapter that would not be permitted under the terms of this chapter may lawfully continue, subject to the following provisions:

(1)

Intensification or extension of use. A nonconforming use of land shall not be extended to occupy a greater area of land than was occupied by such use on the effective date of this chapter.

(2)

Relocation. No nonconforming use of land shall be moved, in whole or in part, unless such use, upon relocation, will conform to all pertinent regulations of the district in which it is proposed to be located.

(3)

Change of use. A nonconforming use of land shall not be changed except to a use that is permitted under the applicable district regulations.

(4)

Discontinuance. When a nonconforming use of land is discontinued for a period of 12 consecutive months as determined by the zoning enforcement officer, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the owner of operator shall not be counted in calculating the length of discontinuance.

(Ord. of 9-17-2013, § 12)