The requirements imposed by this chapter are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various districts. Lots, structures, and uses of land or structures that do not conform to the requirements 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/or 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.

(Ord. No. 82-14, § 7-1, 7-19-82)

(a)

Generally. Any vacant lot that does not conform to one (1) or more of the lot size (area, dimensions) requirements of the district in which it is located may be used in the manner indicated in subsections (b) and (c) and if such vacant lot:

(1)

Is of record on the date of the adoption or amendment of this Ordinance No. 82-14;

(2)

Has continuously remained in separate ownership from abutting tracts of land throughout the entire period during which the creation of such lot was prohibited by any applicable zoning or other ordinance; and

(3)

Is at least thirty (30) feet wide.

(b)

Nonurban and residential districts. In the nonurban district and in any residential district, one (1) 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.

(c)

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 of the type described above if the bulk requirements of that district are met.

(d)

Two or more lots in common ownership. If two (2) 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 Ordinance No. 82-14, and if one (1) or more of those lots does not meet the minimum lot width, depth, 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, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this chapter.

(Ord. No. 82-14, § 7-2, § 7-19-82)

Any lawful structure which exists on the effective date of Ordinance No. 82-14 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, alterations. 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 (other than the exception noted below), may be reconstructed if the administrator determines that the cost of such reconstruction exceeds fifty (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. If the administrator determines the estimated cost of reconstruction is less than fifty (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 (6) months from the date the damage occurred and is diligently prosecuted to completion. The administrator shall require that the reconstruction cost estimate be made by a bona fide construction contractor, and that the structure's market value at the time of loss be determined by a licensed real estate appraiser. The owner of the damaged structure shall be responsible for obtaining these estimates for the administrator.

Exception: Structures destroyed by fire, natural disaster, catastrophic event or arson by a non-owner/interested party may be reconstructed in the same location and square footage as the structure that was destroyed.

(Ord. No. 82-14, § 7-3, 7-19-82; Ord. No. 2010-06, § I, 5-3-10; Ord. No. 2014-19, § II, 11-17-2014)

If any lawful use occupying a structure existed on the effective date of Ordinance No. 82-14 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 may be maintained through ordinary repairs.

(2)

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

Exception: A nonconforming use may be continued if the structure was destroyed by fire, natural disaster, catastrophic event or arson by a nonowner/interested party, and the structure was reconstructed in the same location and square footage as the structure that was destroyed.

(3)

Extension of use. No nonconforming use may be extended to any part(s) of the structure not intended or designed for such use, nor shall the nonconforming use be extended to occupy any land outside such structure.

(4)

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

(5)

Discontinuance of use. When a nonconforming use of a structure, or of a structure and premises in combination, is discontinued for twelve (12) consecutive months or for eighteen (18) months during any three-year period, 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.

(Ord. No. 82-14, § 7-4, 7-19-82; Ord. No. 2010-06, § II, 5-3-10)

Any lawful use of land which existed on the effective date of Ordinance No. 82-14 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 intensified, or extended to occupy a greater area of land than was occupied by such use on the effective date of Ordinance No. 82-14.

(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 twelve (12) consecutive months, 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 or operator shall not be counted in calculating the length of discontinuance.

(Ord. No. 82-14, § 7-5, 7-19-82)

The regulations of this article shall not apply to any change in an existing structure or to any change in the use of a structure or of land for which a permit was issued prior to the effective date of Ordinance No. 82-14, or any pertinent amendment thereto, provided that the work authorized by such permit is completed within a reasonable time.

(Ord. No. 82-14, § 7-6, 7-19-82)