Any use of land or structures, or any lot or structure which
lawfully existed at the effective date of adoption or amendment of
this chapter which would not be permitted or permissible by the provisions
of this chapter as adopted or amended, shall be deemed nonconforming.
It is the intent of this chapter to permit such nonconformities to
continue, subject to certain restrictions listed within this section
unless otherwise noted within this chapter.
The continued lawful use of a building, premises, structure,
or fixture existing at the time of the adoption or amendment of a
zoning ordinance may not be prohibited although the use does not conform
to the provisions of the ordinance. The nonconforming use, building,
premises, structure or fixture may not be extended. The total structural
repairs or alterations in such a nonconforming building, premises,
structure, or fixture shall not during its life exceed 50% of the
assessed value of the building, premises, structure, or fixture unless
permanently changed to a conforming use. If the nonconforming use
is discontinued for a period of 12 months, any future use of the building,
premises, structure, or fixture shall conform to the chapter.
In any district, any permitted or permissible use may commence,
or structure may be erected on a single lot of record at the effective
date of adoption or amendment of this chapter. This provision shall
apply even though such lot fails to meet the requirements of lot area,
lot width, lot frontage or all three for the district in which it
is located, and provided that all other requirements for the district
are met.
The casual, temporary, or illegal use of land or structures,
or land structures in combination, shall not be sufficient to establish
the existence of a nonconforming use or to create rights in the continuance
of such use.
Diagram 320-400-1
Nonconformities
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