The district regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this title. In no case shall any of the following exceptions be utilized to encroach into the ordinary high water setback areas.

   A.   Chimneys, Steeples, Flagpoles And Similar Objects: Chimneys, church steeples, towers, aerials, flagpoles and similar objects not used for human occupancy are not subject to the building height limitations of this title.

   B.   Architectural Features: Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys and flues can project up to two feet (2') into a required yard, but in no case shall they be closer than two feet (2') to the lot line.

   C.   Buildings On Abutting Lots: If there are buildings on abutting lots and the buildings have yards of less than the required minimum setback for the zone, the minimum setback of the front yard for the intervening lot need not exceed the average setback of the front yards of the abutting lots.

   D.   Open, Unenclosed Porch Or Deck: An open unenclosed porch or deck no higher than one foot (1') above ground level may project into a required yard for a distance not exceeding ten feet (10'), but in no case shall it be closer than two feet (2') to the lot line.

   E.   Storage Sheds: Storage sheds, behind dwellings no larger than one hundred twenty (120) square feet in floor area, may encroach into the rear and side yard setback areas but not closer than two feet (2') from lot lines.

   F.   Detached Garages And Similar Allowed Accessory Uses: Detached garages, screen porches, sheds and similar allowed accessory uses behind dwellings may encroach into the rear and side yard setback areas but no closer than four feet (4') from lot lines.

   G.   Bituminous And Brick Slabs: At grade concrete, bituminous and brick slabs are not subject to setback requirements, but must be within property lines.

   H.   Nonresidential Structures: Nonresidential structures in the Downtown Commercial Zone may encroach into the required side and rear yard areas if the adjoining use to the yard in question is either a public right-of-way or a nonresidential use.

   I.   Fences: Setback requirements do not apply to fences, but they must be within property lines. (Ord. 15, 2nd Series, 2-26-1992)

   J.   Non-Enclosed Steps And Landings: Non-enclosed steps and landings can encroach into required yard areas as follows, but in no case shall any part, including steps, be closer than two feet (2') to the lot line:

      1.   Up to thirty six (36) square feet of landing may be placed in the front yard but in no event shall extend more than six feet (6') from the front of the house.

      2.   Up to a four foot (4') by five foot (5') structure in the side yards. (Ord. 98, 2nd Series, 5-12-2009)

Where at the time of adoption of the ordinance codified in this title, lawful uses of land or structures exist which would not be permitted by the regulations imposed by this title, the uses may be continued so long as they conform to the following requirements:

   A.   Alterations And Extensions: A nonconforming use or structure may be continued but may not be altered or extended. The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use at the time of passage of this title is not an enlargement or expansion of a nonconforming use. A nonconforming structure which conforms with respect to use may be altered or extended if the alteration or extension does not cause the structure to deviate further from the standards of this title.

   B.   Discontinuation: If a nonconforming use is discontinued for a period of one year, further use of the property shall conform to the requirements of this title.

   C.   Replacement: If a nonconforming use is replaced by another use, the new use shall conform to this title.

   D.   Destruction: If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent exceeding fifty percent (50%) of its fair market value as indicated by the records of the County Assessor, a future structure or use on the site shall conform to this title.

   E.   Legal But Nonconforming Defined: Any structure which will, under this title, become nonconforming but for which a building permit has been lawfully granted prior to the effective date of this title or amendment thereof and continues to completion within one year shall thereafter be a legally existing nonconforming structure.

   F.   Maintenance: Normal maintenance of a building or other structure containing or related to a lawful nonconforming use and incidental alterations which do not extend or intensify the nonconforming use.

   G.   Nonconforming Lots: Lots of record that are nonconforming in area can be built on with proper variances but all such lots that are contiguous and with a common owner at the time of the adoption of the ordinance codified in this title shall be combined to create lots of proper size in order to receive a building permit. (Ord. 15, 2nd Series, 2-26-1992)