(a) Continuing Existing Uses. Any building, structure or use lawfully existing at the time of enactment, but not in conformance with this Residential and Business District Ordinance may be continued, subject to the following conditions:
(1) If a nonconforming use is discontinued for a period of one year, further use of the property shall conform to this article.
(2) If a nonconforming use is replaced by another use, the new use shall conform to this article.
(3) If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent exceeding fifty percent (50%) of its fair market value, a future structure or use on the site shall conform to this article.
(4) A non-conforming building or structure may be altered, improved or reconstructed provided such work is not to an extent exceeding in aggregate cost fifty percent (50%) of the fair market value of the building or structure unless the building or structure is changed to a conforming use.
(b) General Exceptions to Lot Size Requirements. Notwithstanding the limitations imposed by other provisions of this article, the Building Inspector shall permit erection of a dwelling or structure on any lot shown upon a platted record separately owned or under contract of sale and containing, at the time of passage of this article; provided, however, that the Building Inspector requires that setbacks and other restrictions governed by this article are met.
(c) Variances. The Eleanor Town Council may authorize a variance from the requirements of this article where it can be shown that owing to special and unusual circumstances related to a specific lot, strict application of this article would cause an undue or unnecessary hardship. No variance shall be granted to allow the use of property for a purpose not authorized within the district in which the proposed use would be located. In granting a variance, the council may attach conditions which it finds necessary to protect the best interest of the surrounding property or vicinity and otherwise achieve the purpose of this article.
A variance may be granted only in the event that all of the following circumstances exist:
(1) Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same district or vicinity, and result from lot size or shape, topography or other circumstances over which the owners of property since enactment of this article have no control.
(2) The variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the same district or vicinity posses.
(3) The variance would not be materially detrimental to the purposes of this article, or to the property in the same district or vicinity in which the property is located, or otherwise conflict with the objectives of the Town plan or policy.
(4) The variance requested is the minimum variance which would alleviate the hardship.
(Ord. 08-01. Passed 11-6-08.)