8.06.1 DEFINITION AND APPLICABILITY
A. Nonconforming Use
A nonconforming use is a use which was once a permitted use on a parcel of land or within a structure, or which precedes any ordinances, but which is now not a permitted use of that parcel according to Article III of this ordinance. This definition includes open uses of land as well as the structures that contain nonconforming uses. The nonconformity may result from the adoption of this ordinance or any subsequent amendment.
B. Nonconforming Structure
A nonconforming structure does not conform to dimensional, design, locational, or other requirements of this ordinance. The nonconformity may result from adoption of this ordinance or any subsequent amendment.
8.06.2 STANDARDS FOR NONCONFORMING USES
A. Continuation
Any legally established nonconforming use may be continued subject to the standards listed in this ordinance. However, once a nonconforming use is made conforming, it may not later be used for any nonconforming use or expanded in violation of this ordinance.
B. Extension of Use
Any non-conforming use of land or structure, shall not hereafter be enlarged or extended in any way which serves to increase the nature of non-conformity, except where the non-conforming use is a residential structure used exclusively for dwelling purposes, said structure is a permitted use and the proposed addition shall conform to all zoning requirements; and the total area of the addition shall be limited to 25% percent of the area of the original non-conforming structure; and shall be used solely for residential purposes.
C. Loss of Nonconforming Status
A nonconforming use that is discontinued for a continuous period of more than one year may not be reestablished. All subsequent uses of the site or structure must be in conformance with the particular regulations for the zoning district in which the property is located.
8.06.3 STANDARDS FOR NONCONFORMING STRUCTURES
A. Continuation
Any legally established nonconforming building or structure may be continued subject to the standards listed in this ordinance. However, once a nonconforming structure is made conforming, it may not later be used for any nonconforming use or expanded in violation of this ordinance. Should any non-conforming structure be moved for any reason for any distance, whatever, it shall hereafter conform to the regulations for the zoning district in which it is relocated.
B. Repairs and Modernization
Repairs and modernization of any nonconforming building or structure are permitted provided that such repairs or modernization shall in no way serve to augment the nature of non-conformity. Nothing in this ordinance shall be construed so as to prevent the strengthening or restoring to a safe condition any building or part thereof declared to be unsafe by the Administrator charged with protecting the public safety, health and welfare.
C. Loss of Nonconforming Status
The nonconforming use of a building or structure may be extended throughout the building provided no structural alterations (except those required by law or ordinance or ordered by an authorized officer to secure the safety of the building) are made therein but no such use shall be extended to occupy any land outside the building. If the nonconforming use of such building is discontinued for a continuous period exceeding one year, every future use of such premises shall be in conformity with the provisions of this ordinance.
D. Restoration After Destruction or Damage
1. Should a non-conforming building or structure or non-conforming portion of a building or structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.
2. The above requirement does not apply to single-family dwellings and accessory buildings or structures. Structures meeting these classifications may be reconstructed as long as such reconstruction does not increase the nonconformity of the original structure.
E. Manufactured Homes
No Class C manufactured home shall be removed for more than seven days and replaced unless its lot and stand conform to the requirements of this ordinance.
F. Enlargement and Expansion
Any structure which is nonconforming solely because of its encroachment in a required yard area may be extended in any lawful manner that does not further encroach in that yard. Expansions to structures classified as existing development must meet the requirements of this ordinance; however, the built-upon area of the existing development is not required to be included in the density/built-upon area calculations.
G. Nonconforming Non-Residential Structures within a Special Flood Hazard Area
Any nonconforming building or structure wholly or partly within a special flood hazard area may be flood-proofed according to methods and specifications set for in the publication of the Office of the Corps of Engineers, U.S. Army, entitled Flood-proofing Regulations.
8.06.4 NONCONFORMING ACCESSORY USES AND STRUCTURES
No nonconforming accessory use or accessory structure shall continue after the principal use or structure is terminated by abandonment, damage, or destruction unless such accessory use or structure is made to conform to the standards for the zoning district in which it is located. No nonconforming accessory use or structure shall become or replace any terminated principal nonconforming use or structure except as permitted in Section 8.06.3.D. above.
(Ord. passed 2-14-2017)