(A) Any lawfully established use of a building or land, at the effective date of this chapter, or of amendments thereto, that does not conform to the use regulations for the district in which it is located (except residential building lots, with existing single-family dwellings, located in the AG-1 and AG-2 Districts with less than the required minimum lot size, which shall be deemed conforming), shall be deemed to be a legal non-conforming use and may be continued, except as otherwise provided herein.
(B) Any legal non-conforming building or structure may be continued in use, provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.
(C) Any building for which a permit has been lawfully granted prior to the effective date of this chapter, or of amendments thereto, may be completed in accordance with the approved plans; provided, construction is started within six months and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.
(D) Any non-conforming building or structure which has been or may be damaged by fire, flood,
explosion, earthquake, war, riot, or other act of God, may be reconstructed and used as before if it be done within 12 months of such calamity, unless damaged more than 50% of its fair market value, as determined by the Board of Appeals, at the time of such damage, in which case, reconstruction shall be in accordance with the provisions of this chapter.
(E) No building, structure, or premises where a non-conforming building or structure which has been or may be discontinued for more than one year, or has been or may be changed to a use permitted in the district in which it is located, shall again be devoted to a non-conforming use.
(F) Any building or structure devoted to a non-conforming use with a fair market value of less than
$500, as determined by the Board of Appeals, may be continued for a period not to exceed three years after enactment of this chapter, where upon such non-conforming use shall be removed or changed to a conforming use.
(G) (1) Any legal, non-conforming use shall be enclosed in all sides by a solid wall or tight board fence not less than eight feet high if said use includes storage, repair or maintenance of vehicles, equipment, or materials on the premises and not within the building.
(2) Said wall or fence shall be maintained to the satisfaction of the Building Inspector. Any use so described that is in existence at the time of this amendment is adopted shall comply with said fencing requirement within 180 days of the adoption of this amendment.
(H) A non-conforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and only if the required yards for the district in which it is located are maintained for such enlargement, except as provided for under variances of this chapter.
(I) No building partially occupied by a non-conforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such non-conforming use.
(J) No non-conforming building in any Residential District shall be so altered as to increase the number of dwelling units therein.
(K) No non-conforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed at the effective date of this chapter, or to displace any conforming use in the same building or the same parcel.
(L) Where a use is classified as a special use under this chapter and exists as a special use or permitted use at the date of the adoption of this chapter, it shall be considered to be a legal special use.
(M) Where a use is not allowed as a special or permitted use under this chapter or at the date of the adoption of this chapter and exists as an additional use as provided in the County Zoning Ordinance adopted July 1995, as amended, it shall be considered to be a non-conforming use and shall be subject to the applicable non-conforming use provisions of this section.
(N) Where non-conforming setbacks are a result of road widening on behalf of a municipality, county, state, or township highway department, it shall not be subject to the applicable non-conforming use provisions of this section.
(Ord. passed 5-16-2023)