Within the districts established by this ordinance, as amended, there exists lots, structures, uses of land and structures and characteristics of use which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit these nonconformities to continue until they are removed or destroyed with exceptions noted.

4.1.1.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently.

1.

Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner.

2.

Where excavation or demolition or removal of an existing building has been substantially begun preparatory to building, such excavation or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

4.2.1.

In any district in which a lot exist, where at the time of passage of this ordinance, which may not be in conformance with the ordinance as amended, may continue to exist but shall not be altered to increase its nonconformity to the amended ordinance. Single family dwellings, customary accessory structures, or non-residential structures shall not be erected on any nonconforming lot without a variance or special exception through action of the board.

4.2.2.

Variance of yard requirements shall be obtained only through action of the board.

4.2.3.

If two or more lots or combination of lots and portions of lots with continuous frontage in single ownership are of record at the effective date of this ordinance, or amendment thereto, and if all parts of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or sold in a manner, which diminishes compliance with lot width and area requirements established by this ordinance nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this ordinance.

Where at the time of passage lawful use of land exists, which would not be permitted by the regulations imposed by this ordinance, and where such use involves no individual structure with a replacement cost less than $1,000.00 (determined by the building official), the use may be continued so long as it remains otherwise lawful, provided:

4.3.1.

No such nonconforming use shall be enlarged or increased, or extended to occupy a greater area of land than was occupied at the effective date of this ordinance or amendment thereto.

4.3.2.

No such nonconforming use shall be moved in whole or part to any portion of the lot or parcel than that occupied by such use at the effective date of this ordinance or amendment thereto.

4.3.3.

No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such conforming use of land.

Where a lawful structure exists at 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, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

4.4.1.

No such nonconforming structure may be enlarged or altered more than 20 percent of its current square footage in a way that increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

4.4.2.

Should such nonconforming structure be destroyed by any means, it may be re-constructed in its original footprint so as not to increase its nonconformity to the amended ordinance within one year of date destroyed.

4.4.3.

If such nonconforming structure is a manufactured home, if damaged or removed, it may be replaced by another manufactured home of greater or equal value of the current manufactured home, within one year of date damaged or removed.

4.4.4.

If such nonconforming structure is a residential dwelling in a commercial district, it shall remain a residence as long as it is not destroyed. If structure is destroyed, it may be reconstructed in its original footprint so as not to increase its nonconformity to the amended ordinance within one year of date destroyed.

4.4.5.

If such nonconforming structure is a commercial structure in a residential district, it shall remain a commercial structure as long as it is not destroyed. If structure is destroyed it may be reconstructed in its original footprint so as not to increase its nonconformity to the amended ordinance within one year of date destroyed.

4.4.6.

If such nonconforming structure is a commercial structure in a residential district, it shall remain a commercial structure as long as it is not abandoned or discontinued for a period of more than one year. If abandoned or discontinued or change of use occurs an action of the board is required to use the structure as commercial.

4.4.7.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to the lack of repairs and maintenance, and is declared by any duly authorized officials to be unsafe or unlawful by reason of physical condition, it shall not therefore be restored, repaired or rebuilt except in conformity with this ordinance.

4.4.8.

Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

Any use, which has been approved by the board as a special exception, other than a change through board action from nonconforming use to another use not generally permitted in the district, shall not be considered a nonconforming use.