Within the various zoning districts there may exist buildings or structures, lots, uses of land, or characteristics of use that were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments hereto. It is the intent of this section to permit those nonconformities to continue until they close or are removed. It is further the intent of this section that nonconformities shall not be enlarged, expanded, or extended, or be used as grounds for adding other buildings, structures, or uses prohibited elsewhere within the same district.

(Ordinance 2008-01 adopted 1-15-08; Ordinance 2009-13 adopted 8-25-09; Ordinance 2009-17 adopted 12-15-09)

Unless otherwise specifically permitted by this section, a nonconforming use of land, of a building or structure, or of land and a building or structure in combination shall not be extended or enlarged from and after the effective date of this chapter.

(Ordinance 2008-01 adopted 1-15-08; Ordinance 2009-13 adopted 8-25-09; Ordinance 2009-17 adopted 12-15-09)

Nothing in this section shall be deemed to require a change in plans, construction, or designated use of any building or structure on that has occurred pursuant to applicable vested rights laws.

(Ordinance 2008-01 adopted 1-15-08; Ordinance 2009-13 adopted 8-25-09; Ordinance 2009-17 adopted 12-15-09)

The nonconforming use of land where no building is involved existing on the effective date of this chapter, or on the effective date of any applicable amendment hereto, may be continued for a period of not more than two years thereafter; provided, however, no such nonconforming use of land shall in any way be expanded or extended either on the same or on adjoining property, and that if such nonconforming use of land or any portion thereof is discontinued or changed, any future use of land shall be in conformity with the regulations of the district in which it is situated.

(Ordinance 2008-01 adopted 1-15-08; Ordinance 2009-13 adopted 8-25-09; Ordinance 2009-17 adopted 12-15-09)

The use of a lot that is nonconforming under the terms of this chapter, but which was lawful when created, may be continued; provided, however, no such nonconforming lot shall be reduced in size or area.

(Ordinance 2008-01 adopted 1-15-08; Ordinance 2009-13 adopted 8-25-09; Ordinance 2009-17 adopted 12-15-09)

The nonconforming use of a building which use was in lawful existence on the effective date of this chapter or any applicable amendment hereto may be continued, subject to the following conditions and limitations:

.01

Voluntary cessation or removal. If a nonconforming use of a building is voluntarily ceased or removed, the future use of such building and premises must conform with the provisions of this chapter.

.02

Discontinuance. If a nonconforming use of a building is discontinued for a continuous period of one year, further use of such building and premises must conform with the provisions of this chapter.

.03

Change of use. If a nonconforming use of a building is changed to a conforming use, it may not thereafter be changed back to a nonconforming use.

.04

Obsolescence or destruction of building. If the building in which a nonconforming use was in lawful existence on the effective date of this chapter, or any applicable amendment hereto, becomes obsolete or is totally destroyed by fire or other force or means, such use shall not be extended or continued on the premises and such building shall not be rebuilt except in conformity with the provisions hereof and for a use permitted in the district in which it is located. In the event such building is partially destroyed by fire or other force or means in excess of 50 percent or more of its Calculated Square Footage at the time of its partial destruction, it shall not be restored, rebuilt, or repaired unless it is made to conform to the regulations of the district in which it is situated and it and the premises upon which it is located are changed to a permitted use in such district.

(Ordinance 2008-01 adopted 1-15-08; Ordinance 2009-13 adopted 8-25-09; Ordinance 2009-17 adopted 12-15-09; Ordinance 2025-04 adopted 1-28-25)

A building or structure lawfully existing on the effective date of this chapter or any applicable amendment hereto, which is made nonconforming by the provisions of this chapter for the reason that it could not be built under the terms hereof because of restrictions set forth herein relating to building area, lot coverage, height, yards, setback requirements, its location on the lot, or other requirements pertaining to buildings and structures, it may be continued as long as it remains otherwise lawful, subject to the following limitations and conditions:

.01

Enlargement or alteration. A nonconforming building or structure may not be enlarged or altered in a manner that increases its nonconformity; however, a building or structure may be altered to decrease its nonconformity.

.01

Further, a nonconforming single family dwelling in Residential District A may be enlarged or altered in a manner under the code as adopted at the time of the enlargement or alteration that does not increase its nonconformity provided that the enlargement or alteration and any prior enlargements or alterations, whether permitted or not, shall not exceed 50 percent or more of the Calculated Square Footage of the dwelling as the dwelling was originally constructed.

.02

Provided, however, if any portion of the single family dwelling in Residential District A does not meet a minimum side setback of five feet or rear setback of ten feet, then no enlargement or alteration shall be permitted that adds Calculated Square Footage to the structure until such time as the nonconforming portion of the structure is brought into conformity under the code as adopted at the time of the proposed enlargement or alteration.

.02

Destruction of building and structures.

.01.

In the event a nonconforming building or structure or the nonconforming portion thereof is destroyed by any force or means to the extent of more than 50 percent of its Calculated Square Footage at the time of such destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

.02.

Provided, however, that, except as limited by subsections 08.01.06.02.03, .04, and .05 below, if a dwelling or garage in Residential District A is destroyed by accident, by illegal destruction by persons other than the owner, or by an act of God, then the nonconforming dwelling or garage may be rebuilt in accordance with the setbacks for the original dwelling or garage;

.03.

Provided, further, that if a new foundation is constructed or required for a dwelling or garage destroyed by accident, by illegal destruction by persons other than the owner, or by an act of God, then the new foundation and the dwelling or garage shall not be reconstructed except in conformity with the provisions of this chapter; and

.04

Provided, further, that no portion of a nonconforming dwelling may be enlarged if the dwelling is located less than five feet from the side property line or less than ten feet from the rear property line; and

.05.

Provided, further, that no nonconforming detached garage may be enlarged or attached to a dwelling if the garage is located less than five feet from the side property line or less than ten feet from the rear property line.

.03

Moved or relocated. Should any such nonconforming building or structure be relocated or moved any distance whatever for any reason, it shall thereafter be made to conform to the regulations of the district in which it is relocated or to which it is moved.

.04

Accessory buildings or structures.

.01

Except as provided by Subsection 08.01.06.02 above, a nonconforming accessory building or structure, to include fences and mechanical equipment that are out of compliance with current codes and regulations, shall be removed or made to conform if the main building on the lot upon which such nonconforming building or structure is located is damaged, altered or destroyed to the extent of more than 50 percent of its Calculated Square Footage.

.02

No nonconforming accessory building or structure, specifically to include garage, may be enlarged or attached to a dwelling if the accessory building or structure is located less than five feet from the side property line or less than ten feet from the rear property line.

.05

Non-Permitted Alterations. Nothing in this section shall be construed to allow the granting of nonconforming status to any alterations, additions, remodels, improvements or otherwise, whether it increases the Calculated Square Footage or not, that were done without proper permitting.

(Ordinance 2008-01 adopted 1-15-08; Ordinance 2009-13 adopted 8-25-09; Ordinance 2009-17 adopted 12-15-09; Ordinance 2025-04 adopted 1-28-25)

On any nonconforming building or structure, work may be done on ordinary maintenance and repair, the repair or replacement of nonbearing walls, fixtures, wiring, plumbing, and similar items, provided the cubic content of such building or structure existing at the time it became nonconforming shall not be increased.

(Ordinance 2008-01 adopted 1-15-08; Ordinance 2009-13 adopted 8-25-09; Ordinance 2009-17 adopted 12-15-09)

.01

For the purposes of determining Calculated Square Footage of a structure under this chapter, the building official shall calculate the areas altered, remodeled, improved or otherwise changed to a structure that increases the square footage. The areas described in Section 08:01.07 shall not be included in this calculation.

.02

Provided further, in determining the increase in Calculated Square Footage of a structure being renovated, remodeled or restored, sequential projects shall not be permitted to avoid compliance with the provisions of this chapter. The percent increase in Calculated Square Footage benchmark shall be cumulative of all remodeling or modification work to a structure for the life of the structure.

(Ordinance 2008-01 adopted 1-15-08; Ordinance 2009-13 adopted 8-25-09; Ordinance 2009-17 adopted 12-15-09; Ordinance 2025-04 adopted 1-28-25)