Nonconformities are uses, structures, buildings, or lots which do not conform to one or more provisions or requirements of this ordinance or a subsequent amendment, but which were lawfully established prior to the time of adoption of this ordinance or amendment. Such nonconformities are not compatible with the current or intended use of land in the district in which they are located. Therefore, it is the intent of this ordinance to permit such nonconformities to continue under certain conditions, but to foster the elimination of nonconformities by discouraging their expansion, enlargement, or extension. Accordingly, the purpose of this section is to establish regulations that govern the completion, restoration, reconstruction, extension, and/or substitution of nonconformities, and to specify the circumstances and conditions under which nonconformities shall be permitted to continue.

A.

Repairs and maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding the state equalized value of the property, provided that the floor area of the building as it existed on the effective date of this ordinance or amendment thereto shall not be increased.

B.

Change of tenancy or ownership. There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and premises, provided there is no change or a lessening in the nature or character of such nonconforming uses except in conformity with this ordinance.

The following requirements shall apply to any legally created lot of record that does not comply with one or more of the dimensional requirements of this ordinance and that existed prior to the effective date of this ordinance or amendment thereto.

A.

Construction permitted. Notwithstanding limitations imposed by other sections of this ordinance, a permitted use may be erected on any single lawfully created lot of record in existence at the effective date of this ordinance or amendment thereto. This section shall apply even though such lot fails to meet the requirements for area or width or both that are generally applicable in the district, provided that the lot can be developed in compliance with other dimensional requirements (such as setback requirements) without any adverse impact on surrounding properties or the public health, safety, and welfare.

B.

Contiguous lots under common ownership. If two or more lots or combinations of lots and portions of lots with continuous frontage and single ownership are of record on the effective date of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the lands involved shall be considered to be an undivided parcel for the purpose of this ordinance and no portion of such parcel shall be used or occupied which does not meet lot width and area requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this ordinance.

Where, on the effective date of the ordinance amendment thereto, lawful use of land exists that is made 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 following:

A.

Expansion prohibited. No nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied on the effective date of this ordinance or any amendment thereto.

B.

Relocation prohibited. No nonconforming use shall 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 this ordinance or amendment thereto.

C.

Period of nonuse before nonconformity shall cease. If a nonconforming use of land ceases operation with the intent of abandonment for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

D.

Establishment of a conforming use. In the event that a nonconforming use is superseded or replaced by a conforming principal use, the nonconforming use may not thereafter be resumed.

Where a lawful structure exists on the effective date of this ordinance or amendment thereto that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following:

A.

Increase in nonconformity prohibited. No such structure may be enlarged or altered in a way which increases its nonconformity. For example, an existing residence on a lot of a width less than required in this ordinance may add a rear porch, provided that other requirements relative to yard space and land coverage are met.

B.

Expansion of one-family dwellings. With respect to any structure which is considered nonconforming due to its noncompliance with a required side or rear yard setback, and notwithstanding subsection A. of this section, any enlargement or alteration of the structure which involves the extension of the existing side or rear building line shall be permitted without need for a setback variance or variance to this section, provided that the enlargement or alteration:

1.

Is not located closer to the side or rear property line than the structure's existing nonconforming side or rear yard setback;

2.

Is attached to a one-family dwelling located within an R-1, R-2, R-3, R-4, R-5, or RE zoning district and is designed for use as enclosed or screened living space;

3.

Is not taller than 16 feet or one story in height; and

4.

Complies with all other requirements of this ordinance and does not necessitate any other variances.

C.

Reconstruction. Nonconforming structures that are declared to be physically unsafe by the building official or otherwise damaged or destroyed by any means to an extent that the repair cost is greater than the assessed value of the structure shall not be restored, repaired, or rebuilt except in complete compliance with the requirements of this ordinance. Buildings or structures that are listed on a local, state, or national register of historic buildings or places may be reconstructed provided that the nonconformity that existed prior to destruction is not increased.

D.

Relocation. If such structure is moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. No. 165, § 9, 3-19-2012; Ord. No. 186, pt. 1, 12-2-2019)

If a lawful use of a structure or of structure and land in combination exists on the effective date of this ordinance or amendment thereto that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following:

A.

Alteration prohibited. No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

B.

Expansion within existing building permitted. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed on the effective date of the ordinance from which this ordinance derives or at the time of amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.

C.

Nonconforming use superseded by conforming use. Any structure or structure and land in combination in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations pertaining to the uses permitted in the district in which such structure is located, and the nonconforming use may not thereafter be resumed. Section 138-3.104 shall apply to any nonconformity relating to the structure.

D.

Period of nonuse before nonconformity shall cease. If such nonconforming use of land and structures ceases operation with the intent of abandonment for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this ordinance pertaining to the uses permitted in the district in which such land is located. Structures occupied by seasonal uses shall be excepted from this subsection only so long as seasonal uses shall continue.

E.

Removal or destruction of structure. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.