Any parcel of land, use of land, building, or structure existing at the time of the adoption of this chapter, or any amendment thereto, that does not conform to the use or dimensional requirements of the district in which it is located, may be continued and maintained subject to the following provisions.
(A) Nonconforming vacant lots.
(1) This category of nonconformance consists of vacant lots for which plats or deeds have been recorded in the County Register of Deeds office, which at the time of adoption of this chapter or any amendment thereto fail to comply with the minimum area and width requirements of the districts in which they are located.
(2) Any such nonconforming lot may be used for any of the uses permitted in the district in which it is located; provided, that:
(a) Where the lot area is not more than 20% below the minimum specified in this chapter, and other dimensional requirements are otherwise complied with, the Zoning Administrator is authorized to issue a zoning compliance permit; and
(b) Where the lot area is more than 20% below the minimum specified in this chapter or other dimensional requirements cannot be met, the Board of Adjustment is authorized to approve as a variance such dimensions as shall conform as closely as possible to the required dimensions.
(B) Nonconforming occupied lots. This category of nonconformance consists of lots, occupied by buildings or structures at the time of the adoption of this chapter or any amendment thereto, that fail to comply with the minimum requirements for area, width, yard, and setbacks for the district in which they are located. These lots may continue to be used.
(C) Nonconforming uses or structures.
(1) This category of nonconformance consists of buildings or structures used at the time of enactment of this chapter or any amendment thereto for purposes of use not permitted in the district in which they are located, or structures on conforming lots which do not comply with the dimensional requirements of this chapter such as size and height restrictions.
(2) Such uses except as provided in division (E) below may be continued as follows:
(a) 1. An existing nonconforming use may be changed to another nonconforming use of the same or higher use; provided, that the other conditions in this section are complied with.
2. For the purpose of this chapter, the rank order of uses from higher to lower shall be:
a. Residential;
b. Public; and
c. Commercial services.
(b) When a nonconforming use has been changed to a conforming use, it shall not thereafter be used for any nonconforming use.
(c) A nonconforming use may not be extended or enlarged, nor shall a nonconforming structure be altered except as follows:
1. Structural alterations as required by law or ordinance to secure the safety of the structure are permissible;
2. Maintenance and repair necessary to keep a nonconforming structure in sound condition are permissible;
3. At the time of adoption of this chapter, if an expansion of a nonconforming use is in progress, that is, if at least a building permit for the expansion has been issued, then such expansion may be completed as specified in the building permit; and
4. When any nonconforming use of a building or structure is discontinued for a period in excess of 60 days, the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(D) Reconstruction of damaged buildings or structures. Any nonconforming use of a structure or nonconforming structure which has been damaged by fire, wind, flood, or other causes, may be repaired and used as before provided:
(1) Repairs are initiated within 12 months and completed within two years of such damage;
(2) The total amount of space devoted to a nonconforming use may not be increased; and
(3) Reconstructed buildings may not be more nonconforming with respect to dimensional restrictions.
(E) Nonconforming home occupation. Any property owner whose home occupation was made nonconforming by the ordinance amendment adopted on July 9, 2002, shall have until July 8, 2005 to conform to the current terms of the ordinance.
(Ord. passed 10-19-1983; Ord. passed
6-8-2021)