The provisions of this article apply to existing lots, structures, and uses of land and structures which were lawful on or before the date of the ordinance codified in this chapter but which now are prohibited, regulated, or restricted under the terms of this chapter or future amendments to this chapter.

(Ord. 1324, passed 1-4-00)

Nonconforming situations may be incompatible with, and detrimental to, permitted land uses and structures in the zoning districts in which they are situated; may inhibit present and future development of nearby properties; and/or may confer upon their owners and users a position of unfair advantage. Nonconforming situations should be abolished or brought to conformity as quickly as the fair interest to the parties will permit.

(Ord. 1324, passed 1-4-00)

Where, at the effective date of adoption or amendment of the ordinance codified in this chapter, a lawful use of a parcel or lot, on which no buildings exist, is no longer permissible under the terms of this chapter or amendment thereto, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(A)

No such nonconforming use of a parcel or a lot shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of said ordinance, except as provided.

(B)

No such nonconforming use of a parcel or lot shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of said ordinance.

(C)

When a nonconforming use of a parcel or lot ceases for any reason for a period of more than one year (except where government action prevents access to the premises), the parcel or lot shall not be used except in conformance to the regulations specified by this chapter for the districts in which it is located.

(Ord. 1324, passed 1-4-00)

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance codified in this chapter that could not be built under the terms of this chapter by reasons of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot such structure may be continued so long as it remains otherwise lawful subject to the following provisions:

(A)

Such building or structure shall not be enlarged, expanded, extended or altered unless such building or structure modification conforms to the requirements of this chapter.

(B)

Should any such building or structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(C)

Should any such building or structure be damaged by any means to an extent of more than 75% of its replacement cost at the time of its damage, it shall not be reconstructed except in conformity with the provisions of this chapter.

(Ord. 1324, passed 1-4-00; Am. Ord. 1611, passed 2-17-04)

Where, on the date of the ordinance codified in this chapter or amendment thereto, a lawful use of a building or structure exists that is no longer permissible under the regulations of this chapter, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(A)

No existing structure devoted to a use not permitted by this code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(B)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this code, but not such use shall be extended to occupy any land or building outside the building.

(C)

If no structural alterations are made, any nonconforming use of a structure or structure and premises may be changed to another nonconforming use provided that the board of appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of appeals may require appropriate conditions and safeguards in accord with the provisions of this code.

(D)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which the structure is located and the nonconforming use may not thereafter be resumed.

(Ord. 1324, passed 1-4-00)

In any district in which single-family dwellings are permitted, notwithstanding other limitations imposed by other provisions of this code, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption or amendment of this code subject to the following conditions:

(A)

Land coverage may not exceed 30%.

(B)

Height of the structure may not exceed two and one-half stories or 25 feet, whichever is lesser. The height will be measured from the center of the front lot line and the average grade measured from front to rear of the lot.

(C)

Side yards may be reduced by the same percentage the area of such lot bears to its zone district requirements, provided no side yard shall be less than five feet.

(D)

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are on record at the time of passage or amendment of this code, and if all or part of the lots do not meet the requirements for lot width and area as established by this code, the lands involved shall be considered to be an undivided parcel for the purposes of this code, and no portion of the parcel shall be used or sold which does not meet lot width and area requirements established by this code, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this code.

(Ord. 1324, passed 1-4-00)

On any building in whole or in part to any nonconforming use work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, provided that the cubic content of the building as it existed at the time of passage or amendment of this code shall not be increased.

(Ord. 1324, passed 1-4-00)

To avoid undue hardship, nothing in this chapter 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 the ordinance codified in this chapter and upon which actual building construction has been diligently carried on. For the purpose of this chapter the following definition shall apply:

"Actual construction." The placing of construction materials in a permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction; however, work shall be diligently carried on until completion of the building involved.

(Ord. 1324, passed 1-4-00)