(a)

The lawful use of any building or structure and of any land or premises as existing and lawful at the time of enactment of this Ordinance, or in the case of an amendment of this Ordinance, may be continued although such use does not conform with the provisions of this Ordinance or the amendment.

(b)

Any building permit issued prior to the effective date of this Ordinance shall be considered valid and any structure may be completed and used or occupied in accordance with plans so authorized by said building permits, provided that use or occupancy is on the basis for which the building permit was originally designated and provided that construction is begun within 60 days of the effective date of this Ordinance. Any such use which would become nonconforming by virtue of the passage of this Ordinance shall thereafter be considered nonconforming and subject to the provisions of this Ordinance.

(c)

In the event that any nonconforming use or building is discontinued or vacated for a period of one year and the owner has demonstrated an intent to abandon the nonconforming use or building, any subsequent use or building lot shall conform to the ordinance requirements for the district in which the premises are located. Such determination shall be made by the Zoning Administrator. Evidence of such intent may include, but is not limited to the following:

(1)

Disconnection of utilities;

(2)

Removal of building fixtures needed for the use;

(3)

Property falling into disrepair;

(4)

Elimination of newspaper or postal service;

(5)

Removal of signs;

(6)

Non-payment of property taxes.

(Ord. No. 144, 8-13-2019)

(a)

All permitted principal and Conditional Land Uses, except for those Conditional Land Uses for which a minimum lot size is specified in this Zoning Ordinance, and customary accessory structures may be erected on any single lot of record after the effective date of adoption or amendment of this Zoning Ordinance. This provision shall apply even though such lot does not meet the requirements for lot area or width, or both, that are generally applicable in the district, provided that any building or structure constructed on the lot complies with all other applicable requirements of the zoning district including setbacks and lot coverage except as may be otherwise permitted herein.

(b)

In any zoning district in which single-family dwellings are permitted, notwithstanding other requirements imposed by this Ordinance, a single-family dwelling and customary accessory building may be erected on any nonconforming single lot of record which is not subject to subsection (c) of this section.

For such lots the minimum side yard requirement may be reduced by the same percentage that the area of such lot bears to its own district requirements, provided each side yard in no instance shall be less than ten feet. All other required setbacks shall conform to district regulations.

(c)

If two or more lots, or combination of lots or portions of lots, located adjacent to each other are at any time held in common ownership, and if all or part of such lots do not satisfy the minimum requirements for a buildable lot in the zoning district in which they are located, then all of such lots shall automatically be considered to be combined for zoning purposes into one conforming lot, or one lot that is more nearly conforming than the individual lots.

(d)

Each individual lot which has been combined for zoning purposes under subsection (c) of this Section shall cease to be considered a separate lot of record, and shall no longer be considered to be a buildable lot.

(e)

Lots combined for zoning purposes pursuant to this Section shall not thereafter be split, re-divided, or otherwise reduced in area unless all of the resulting lots comply with the minimum lot area requirement for a buildable lot in the district in which the land is located unless a lot is divided and legally combined with an adjacent lot or lots.

(f)

If two or more lots, or combination of lots or portions of lots, located adjacent to each other are at any time held in common ownership, then a single-family dwelling and a customary accessory building may be erected on any such lots provided all other applicable regulations of the zoning district are met.

(Ord. No. 144, 8-13-2019)

(a)

In the event any nonconforming building or structure is damaged by fire, wind, act of God or other calamity, it may be rebuilt or restored in the same configuration as existed before the damage occurred if the replacement cost thereof does not exceed 50 percent of the replacement cost of the nonconforming building or structure, exclusive of the foundation, prior to its damage or destruction. The replacement cost shall be as determined by the Zoning Administrator or their agent.

(b)

In the event any nonconforming building or structure is damaged by fire, wind, act of God or other calamity to the extent that the replacement cost of the nonconforming building or structure exceeds 50 percent of the replacement cost of the building or structure, exclusive of the foundation, prior to such damage or destruction, the building or structure may be rebuilt or restored only in accordance with the requirements of this Zoning Code. The replacement cost shall be as determined by the Zoning Administrator or their agent.

However, the Zoning Board of Appeals may approve the re-establishment of such nonconforming building or structure, after a public hearing is held in accordance with the requirements of Article 33 herein, but only to the extent necessary to provide the minimum reasonable use of the building or structure. In considering the approval of any such re-establishment of a nonconforming building or structure, the Zoning Board of Appeals may impose reasonable terms and conditions and shall not permit an increase in the nonconformity.

(c)

Nonconforming buildings and structures shall not be enlarged or extended except after the approval of the Zoning Board of Appeals, which approval shall be granted only upon finding of all of the following facts:

(1)

The gross square footage of the alteration or enlargement does not exceed 50 percent of the gross square footage of the building which existed prior to the adoption of this section.

(2)

The alteration or enlargement complies with all setback, height, parking, and other applicable regulations of the zoning district in which it is located and does not increase the extent of the nonconformity.

(d)

Nothing in this Zoning Ordinance shall be deemed to prevent the normal repairs and maintenance on any nonconforming building or structure or prevent the strengthening or correcting of any unsafe condition of the building or structure.

(Ord. No. 144, 8-13-2019)

(a)

A nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this Zoning Ordinance.

(b)

A nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel occupied by such use on the effective date of adoption or amendment of this Zoning Ordinance.

(c)

A nonconforming use may be changed to another nonconforming use of equal or less nonconformity, subject to the prior approval of the Zoning Board of Appeals following a public hearing as required by Article 33 of this Zoning Ordinance. The Zoning Board of Appeals may approve such change only if it complies with all of the following standards:

(1)

The proposed use is comparable to or more conforming than the existing use in terms of its operations and compatibility with the character of the area in which it is located;

(2)

The proposed use does not increase the degree of nonconformity existing prior to such change of use;

(3)

No structural alteration of the existing structure will be required to accommodate the new use;

(4)

In permitting such change, the Zoning Board of Appeals may require conditions and safeguards in accordance with the purpose and intent of this Zoning Ordinance.

(d)

A nonconforming use located in a conforming building or structure shall not be re-established if the building or structure is damaged by fire, wind, act of God or other calamity to the extent that the replacement cost of the building or structure exceeds 50 percent of the replacement cost of the building or structure prior to such damage or destruction. The replacement cost shall be as determined by the Zoning Administrator or their agent.

(e)

Any nonconforming use shall not be extended or expanded throughout any part of a conforming building which was arranged or designed for such use, and which existed at the time of adoption or amendment of this Zoning Ordinance.

(Ord. No. 144, 8-13-2019)