Any lot of record and separately owned at the time of passage of this Ordinance having less area or width than herein required may be used only for a single-family dwelling, or any of the nonresidential uses permitted in the district in which the lot is located.

(Ord. No. 1001, § 1, 12-21-99)

A nonconforming use is a legally existing use which, by the adoption of a previous Ordinance, this Ordinance, an amendment to this Ordinance, or by Annexation, does not conform to the use regulations of the district in which the use is situated (See Section 406). Nonconforming uses shall be regulated as follows:

A.

The lawful use of land or a building existing at the time of the adoption of this Ordinance may be continued even though such use does not conform to the provisions herein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. The foregoing provisions shall also apply to nonconforming uses in districts as may be hereafter changed. Whenever a nonconforming use of a building has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

B.

Where a nonconforming use is allowed in the district by a Special Use Permit in the Permitted Use Table (Section 406), such existing use shall be considered as having a special use permit and shall be considered a conforming use. No special use permit shall be required for reconstruction of the use, however a special use permit shall be required for the expansion of the use (see subsection G below).

C.

A building which has been structurally damaged more than fifty (50) percent by fire, explosion, act of God or the public enemy may be restored following approval of a Special Use Permit in accordance with Section 315 and the following provisions:

1.

Such permit shall not be denied for reasons relating to the use of the building, provided the proposed use continues the previously established use or a less intensive use.

2.

Such use shall, however, meet the regulations of this Ordinance to the maximum practical extent as determined by the Administrative Official, and may be required to meet additional conditions imposed through the special use permit process.

D.

In the event that the nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of one year, the use of the same shall thereafter conform to the regulations of the district in which it is located.

E.

A nonconforming use occupying only a portion of a building may be extended throughout the building if the same has been lawfully acquired and actually devoted to such use previous to the adoption of this Ordinance or to any affecting amendment thereof.

F.

If by amendment to this Ordinance any property has been transferred to a more restricted district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification, the provisions of this Ordinance relating to the nonconforming use of buildings or premises occupied and used upon the effective date of such amendment shall apply. Repairs and alterations may be made to a nonconforming building; provided, that no structural alterations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use.

G.

A nonconforming use or structure may be made conforming or may be expanded through approval of a special use permit in accordance with Section 315. Such expansion shall meet the regulations of this Ordinance to the maximum practical extent as determined by the Administrative Official, and may be required to meet additional conditions imposed through the special use permit process.

H.

The following nonconforming uses or structures may be expanded outside the Special Use Permit process with the approval of the Administrative Official and written consent of seventy-five (75) percent of the adjacent property owners of record:

1.

Nonconforming uses or structures located within the OT-1, Olde Town Residential district.

2.

Uses listed within the Institutional/Civic/Utility category of Section 406 Permitted Use Table as well as vehicle sales and service establishments (new car dealerships, used car dealerships, vehicle part sales, limited vehicle service and general vehicle service) that wish to do one or more of the following things:

a.

Expand an existing metal building that does not have a Section 705.A required façade (legally nonconforming structure).

b.

Replace an existing metal building that does not have a Section 705.A required façade (legally nonconforming structure).

c.

Construct additional metal buildings adjacent to or behind an existing metal building that does not have a Section 705.A required façade (legally nonconforming structure).

d.

Expand customer parking or outside vehicle storage that does not have Section 709 Buffers and Landscaping requirements (legally nonconforming use).

e.

Expend customer parking or outside vehicle storage that does not meet requirements of Section 711 Off-Street Parking and Loading, A through F (legally nonconforming use).

Such expansion shall meet the regulations of this Ordinance to the maximum practical extent and any additional conditions the Administrative Official deems necessary.

If fewer than seventy-five (75) percent of the adjacent property owners of record give their consent in writing to the proposed nonconforming use or structure expansion, nonconforming use or structure expansion may only be permitted through the Special Use Permit process.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2017, § 8, 5-18-10; Ord. No. 2065, § 1, 2-5-13)

A.

Signs existing at the time of the effective date of this Ordinance and in compliance with the then-current Ordinance and not in compliance herewith shall be regarded as nonconforming signs, which may continue to exist until structurally altered, removed, destroyed as an act of God, or until the business that they are advertising is no longer in existence. Nonconforming signs that are structurally altered, relocated or replaced shall comply immediately with all provisions of this Ordinance.

B.

Any nonconforming sign that has been damaged by fire, wind or other cause in excess of fifty (50) percent of its replacement cost shall not be restored except in conformance with the provisions of this Ordinance.

(Ord. No. 1001, § 1, 12-21-99)