The lawful use of any building, structure, or land existing
at the time of the enactment of this chapter may be continued, provided
the following conditions are met:
A. Nonconforming uses. The continued lawful use of a building, premises,
structure, or fixture existing at the time of the adoption or amendment
of this chapter may not be prohibited although the use does not conform
with the provisions of this chapter. The nonconforming use 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 this chapter.
B. Nonconforming structures. A dwelling or other building that existed
lawfully before the current chapter was enacted or amended, but that
does not conform with one or more of the development regulations in
the current chapter.
(1) An ordinance enacted under this subsection may not prohibit, or limit
based on cost, the repair, maintenance, renovation, or remodeling
of a nonconforming structure.
(2) Damaged or destroyed nonconforming structures.
(a)
Restrictions that are applicable to damaged or destroyed nonconforming
structures and that are contained in an ordinance enacted under this
subsection may not prohibit the restoration of a nonconforming structure
if the structure will be restored to the size, location, and use that
it had immediately before the damage or destruction occurred, or impose
any limits on the costs of the repair, reconstruction, or improvement
if all of the following apply:
[1] The nonconforming structure was damaged or destroyed on or after
March 2, 2006.
[2] The damage or destruction was caused by violent wind, vandalism,
fire, flood, ice, snow, mold, or infestation.
(b)
An ordinance enacted under this subsection shall allow for the
size of a structure to be larger than the size it was immediately
before the damage or destruction if necessary for the structure to
comply with applicable state or federal requirements.
C. Changes. No nonconforming building, structure or use shall be changed
to another nonconforming use.
D. Abandonment. A nonconforming use of a building or premises which
has been abandoned shall not thereafter be returned to such nonconforming
use. A nonconforming use shall be considered abandoned:
(1) When the intent of the owner to discontinue the use is apparent;
or
(2) When the characteristic equipment and the furnishings of the nonconforming
use have been removed from the premises and have not been replaced
by similar equipment within one year, unless other facts show intention
to resume the nonconforming use; or
(3) When it has been replaced by a conforming use; or
(4) When the nonconforming use is discontinued for a period of 12 months.
E. Unlawful use not authorized. Nothing in this chapter shall be interpreted
as authorization for or approval of the continuance of the use of
a structure or premises in violation of zoning regulations in effect
at the time of the effective date of this chapter.
F. District changes. Whenever the boundaries of a district shall be
changed so as to transfer an area from one district to another district
of a different classification, the foregoing provisions shall also
apply to any nonconforming uses existing therein.
In any residential district, a one-family detached dwelling
and its accessory structures may be erected on any legal buildable
lot or parcel of record in the County Register of Deeds office before
the effective date or amendment of this chapter.