No portion of a lot shall be sold or subdivided in a manner which does not comply with the lot width and area requirements established by the zoning ordinance. A nonconforming lot may be increased in size even if such increase does not allow the lot to meet the minimum lot width and lot area requirements established by the zoning ordinance. Furthermore, the adjoining lot or lots, from which the land is removed to create the increase to the subject lot, shall not become nonconforming or does not increase in nonconformity.

(Res. No. 2013-14, 12-2-2013)

Where the owner of a lot at the time of the adoption of this zoning ordinance, or his successor in title thereto, does not own sufficient land to enable him to conform to the dimensional requirements of this zoning ordinance, such lot may be used as a building site provided the yard and other space requirements of the district may be reduced by the smallest amount that will permit reasonable use of the property as a building site. However, in no case shall the setbacks be reduced to less than one-half of the least restrictive zoning district's minimum area and yard requirements set forth within this zoning ordinance unless approved by the planning commission.

(Res. No. 2013-14, 12-2-2013)

If two or more adjoining lots with continuous frontage are in a single ownership at any time after the adoption of this zoning ordinance and such lots individually are too small to meet the yard, width, and area requirements of the district in which they are located, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and the lot or lots in one ownership shall be subject to the requirements of this zoning ordinance. This does not apply to lots approved prior to the adoption of this zoning ordinance.

(Res. No. 2013-14, 12-2-2013)

A non-conforming building or structure shall be maintained upon the following conditions and not otherwise:

a.

No structural alterations except those required by law shall be made thereto.

b.

No enlargement or additions shall be made thereto.

c.

No repairs in excess of 50 percent of a building's or structure's valuation shall be made thereto, unless otherwise specified herein.

d.

Historic nonconforming structures or a nonconforming portion of an historic structure over 50 years old may be considered a valid nonconforming structure upon the determination of the zoning board of adjustment that said structure is historic in nature. A valid nonconforming status shall permit reconstruction, repair, or alteration irrespective of the 50 percent rule as given in Section 13.4.c.

e.

A non-conforming building or structure which has been damaged by fire, explosion, act of God, or the public enemy may be restored to the size, shape, and/or height of the structure as it existed immediately prior to the damage provided this can be determined or documented.

f.

Any portion of a nonconforming structure that becomes physically unsafe or unlawful due to lack of repairs and maintenance, and which is declared unsafe or unlawful by a duly authorized city official, but which the owner wishes to repair, restore or rebuild, must be repaired, restored or rebuilt in conformance with the provisions of this chapter.

g.

To avoid undue hardship, nothing in this zoning ordinance shall require a change in plans, construction or designed use of buildings on which a building permit has been properly issued prior to the adoption of this zoning ordinance or amendments thereto. If actual construction has not begun under a permit properly issued before the adoption of this zoning ordinance or amendments thereto, within six months of the date of issuance of the permit, said permit shall become invalid and shall not be renewed except in conformity with the zoning ordinance.

(Res. No. 2013-14, 12-2-2013)

a.

The non-conforming use of a non-conforming building or structure lawfully existing at the time this zoning ordinance became effective may be extended throughout the building or structure provided no structural alterations except those required by law, or for general maintenance, are made therein and provided further that the non-conforming use of a non-conforming building or structure may be changed only to another non-conforming use of the same or more restrictive classification.

b.

In no case shall a non-conforming building or structure be enlarged beyond the existing square footage for the purpose of extending the non-conforming use.

c.

In no case shall independent structures or buildings be constructed which will provide support to existing non-conforming uses.

d.

In the event that a non-conforming use of any building or structure is discontinued without interruption for a period of 12 months, the use of the same shall thereafter conform to uses permitted in the district in which it is located. The intent to abandon, or discontinue of use, shall be presumed from the cessation of business or the removal of equipment, goods, structures or other aspects of such nonconforming use of the property.

e.

Non-conforming signs shall be allowed to continue until such time as it is removed. No enlargement of such sign shall be allowed. No improvements to such signs shall be made beyond those required for general maintenance of such sign.

f.

No nonconforming accessory use or structure shall continue after the principal use or structure is terminated by abandonment, damage or destruction unless such accessory use or accessory structure is made to conform to the standards for the zoning district in which it is located.

g.

Any nonconforming accessory use or accessory structure shall be brought into conformity with this zoning ordinance whenever a substantial improvement to, addition to or change in principal use or structure on the property is proposed or approved.

h.

Any part of a nonconforming accessory use or accessory structure which is destroyed to an extent of more than 50 percent of the fair market value of the building or structure immediately prior to damage, shall not be restored except in conformity with this zoning ordinance, and all rights as a nonconforming use or structure are then terminated.

i.

No additional structure which does not conform to the requirements of this zoning ordinance shall be erected in connection with a nonconforming use of land.

(Res. No. 2013-14, 12-2-2013)

The non-conforming use of land lawfully existing at the time this zoning ordinance became effective shall be discontinued within one year from the effective date of this zoning ordinance and within said year shall be continued upon the following conditions and not otherwise:

a.

The non-conforming use of a piece of land shall in no way be expanded or extended either on the same or adjoining property.

b.

The non-conforming use of a piece of land may in no way be changed to another non-conforming use, but only to a use conforming to the regulations of the district in which the land is located.

c.

In the event that the original non-conforming use of a piece of land is discontinued for 60 days or more, the land shall thereafter conform to all regulations for the district in which the land is located.

d.

The aforementioned provisions regarding non-conforming use of land shall apply where either:

(1)

No building is employed in connection with such use.

(2)

Buildings employed are accessory or incidental to such use.

(3)

Such use is maintained in connection with a conforming building.

e.

Non-conformance due to reclassification.

f.

The aforementioned provisions of this article shall also apply to buildings, structures, land, and uses which hereafter become non-conforming due to any reclassification of districts under this zoning ordinance or subsequent change in the regulations of this zoning ordinance.

g.

Upon the determination by the zoning administrator that a structure is potentially damaged, being repaired or altered by more than 50 percent of the fair market value, the following method shall be employed to make a final determination:

(1)

An appraisal by a licensed appraiser shall be submitted to the Union Springs planning commission.

(2)

A licensed contractor shall perform a cost estimate for repairs to the structure and submit it to the zoning administrator.

(3)

The zoning administrator shall prepare a report with the appraisal and cost estimate and submit it to the Union Springs planning commission for a final determination.

(4)

The planning commission shall make a determination or may request additional information as deemed appropriate to make a final determination.

(5)

Nothing herein shall be construed to excuse any owner, occupant or contractor from compliance with building codes, zoning ordinance or any other health or safety requirements imposed by local, state or federal laws, or ordinances in effect at the time of the repair or rebuilding.

(6)

The applicant shall be responsible for all costs associated with a determination.

(Res. No. 2013-14, 12-2-2013)

All of the foregoing provisions relating to nonconforming uses and structures shall apply to all nonconforming uses or structures existing or created on the effective date of this zoning ordinance and to all uses and structures which become nonconforming by reason of any amendment thereof. The provisions shall not apply, however, to any use established, or structures erected or expanded, in violation regardless of the time of establishment or erection.

(Res. No. 2013-14, 12-2-2013)