The lawful nonconforming use of a structure, land, or water
existing at the time of the adoption or amendment of this chapter
may be continued although the use does not conform to the provisions
of this chapter; however, only the portion of the land in actual use
may be so continued, and the structure housing the nonconforming use
may not be extended, enlarged, reconstructed, substituted, moved,
or structurally altered if it extends or enlarges the nonconforming
use except when required to do so by law or order or so as to comply
with the provisions of this chapter.
A.
Total lifetime structural repairs or alterations to the structure
housing the nonconforming use shall not exceed 50% of the assessed
value of the structure at the time of its becoming nonconforming unless
it is permanently changed to conform to the use provisions of this
chapter.
B.
Substitution of new equipment may be permitted by the Board of Appeals
if such equipment will reduce the incompatibility of the nonconforming
use with the neighboring uses.
A.
If such nonconforming use is discontinued or terminated for a period
of 12 months, any future use of the structure, land, or water shall
conform to the provisions of this chapter. When a nonconforming use
or structure is damaged by fire, explosion, flood, public enemy, or
other calamity to the extent of more than 50% of its current assessed
value, it shall not be restored except so as to comply with the use
provisions of this chapter.
B.
A current file of all nonconforming uses shall be maintained by the
Zoning Administrator listing the following: owner's name and
address; use of the structure, land, or water; and assessed value
at the time of its becoming a nonconforming use.
A lawful nonconforming structure existing at the time of the
adoption or amendment of this chapter may be continued although its
size or location does not conform to the lot width, lot area, yard,
height, parking, loading, and access provisions of this chapter; however
it shall not be extended, enlarged, reconstructed, moved or structurally
altered except when required to do so by law or order or so as to
comply with the provisions of this chapter.
A.
Additions and enlargements to existing nonconforming structures are
permitted so long as they do not increase the extent of nonconformity
and shall conform to the required building setback lines along roads,
water and highways and the yard, height, parking, loading and access
provisions of this chapter.
B.
Existing nonconforming structures which are damaged or destroyed
by fire, explosion, flood or any other event may be reconstructed
and insofar as is practicable shall conform to the required building
setback lines along streets and highways and the yard, height, parking,
loading and access provisions of this chapter.
Once a nonconforming use or structure has been changed to conform,
it shall not revert to a nonconforming use or structure. Once the
Board of Appeals has permitted the substitution of a more restrictive
nonconforming use for an existing nonconforming use, the substituted
use shall lose its status as a legal nonconforming use and become
subject to all the conditions required by the Board of Appeals.
A lot which does not contain sufficient area to conform to the
dimensional requirements of this chapter but which is at least 50
feet wide and 7,500 square feet in area may be used as a building
site for a single-family dwelling upon issuance of a land use permit,
subject to the following conditions:
A.
Such use is permitted in the zoning district.
B.
The lot is on record in the County Register of Deeds office prior
to the effective date of this chapter.
C.
The lot is in separate ownership from abutting lands. If abutting
lands and the substandard lot are owned by the same owner, the substandard
lot shall not be sold or used without full compliance with the terms
of this chapter.
D.
All the dimensional requirements of this chapter are complied with
insofar as practical.
