Purpose: The purpose of this section is to outline provisions whereby nonconforming lots, structures, and uses are gradually upgraded to conform to the spirit and intent of this ordinance or are eliminated.

A.

Nonconforming lots:

(1)

Any lot of record in existence before October 19, 1981 which does not meet the minimum width and/or area requirements for the zoning district in which it is located shall be considered a nonconforming lot of record.

a.

Any portion of ground that does not meet the minimum width and/or area requirement for the zoning district in which it is located resulting from government action shall be considered a nonconforming lot of record.

(2)

If two (2) or more nonconforming lots of record or two (2) or more portions of lots with continuous frontage in common ownership, and if one (1) or more of the lots does not meet the minimum width and/or area requirements for zoning district in which it is located, the land involved shall be required to resubdivide into a single lot for development or permitting.

(3)

No portion of the land described immediately above shall be conveyed by sale or transfer if it does not meet the minimum width and/or area requirements for the zoning district in which it is located; however, the entire holding may be conveyed to a single owner. Nor shall any division of land lot be made which leaves remaining any portion of ground that does meet the minimum width and/or area requirements of the zoning district in which it is located.

(4)

A non-conforming lot of record may be developed if the proposed use and/or structure is permitted within the zoning district and if the proposed development meets all standards of the Zoning Ordinance.

B.

Nonconforming structures and sites:

(1)

Any nonconforming site or structure may be continued even though such structure does not conform to the provisions of this ordinance.

(2)

Normal maintenance and repairs of non-conforming structures are permitted.

(3)

A nonconforming structure shall not be increased or enlarged except in the following situations:

a.

When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting the public safety; or

b.

Structures that are legally nonconforming may be altered provided such alteration does not further increase the extent of the nonconformity or permit an increase in the number of dwelling units.

(Ord. No. 16-9-1, § I, 9-6-16)

(4)

Legal nonconforming structures that are destroyed by fire, storm, or other acts of God may be rebuilt provided the restoration is accomplished with no increase in the building footprint immediately prior to damage.

(5)

Any nonconforming structure which existed before the passage of this ordinance and does not conform with spatial provisions of this ordinance may be returned to active use for purposes consistent with the zoning district in which it is located. Any such structure returned to active use must meet all other land use regulations contained in this ordinance.

C.

Nonconforming uses:

(1)

The lawful use of any building or land existing at the time of the enactment of this ordinance, or amendments thereto, may be continued although such use does not conform to the provisions of this ordinance.

(2)

A nonconforming use shall not be extended or enlarged either in intensity of the activity or by physical extension except when required to do so by law.

(3)

No structural enlargement may be made to a building that is nonconforming as to use, unless said building is changed to a conforming use.

(4)

Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.

(5)

Structures legally nonconforming as to use that are destroyed by fire, storm, or other acts of God may be rebuilt within one (1) year provided the restoration is accomplished with no increase in building footprint or floor area immediately prior to damage.

(6)

Whenever a structure or land used in whole or in part for nonconforming purposes becomes vacant for six (6) months or when the nonconforming use ceases or is suspended for a period of six (6) months, the legal nonconforming use is no longer permitted.

a.

Cessation or suspension of use.

i.

The Zoning Regulatory Administrator shall determine when and if a legal non-conforming use has lapsed in use, when activities normally carried out in said use have ceased or suspended, or when the building or land has been vacant for six (6) months or more. The owner or agent of the property may request review of this determination through the below provisions.

ii.

The property owner or agent bears the burden of proof to demonstrate that a nonconforming use has not lapsed in its operation. The property owner or agent is required to produce acceptable evidence attesting to legal nonconforming use by providing the Director of Planning and Zoning with evidence such as but not limited to documents such as rent receipts, affidavits, documentation of utility services, sales tax receipts, or other information as may be deemed necessary in a particular case.

iii.

The Director of Planning and Zoning shall issue a written determination as to whether or not the documentation provided adequately demonstrates continual operation of the legal nonconforming use within thirty (30) days of a request to review the Zoning Regulatory Administrator's decision. Such request must be made in writing and contain all necessary documents for review.

(Ord. No. 15-7-5, § VI, 7-6-15)