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 requirements of the district in which it is located may be continued and maintained subject to the following provisions:
(A) Nonconforming lots.
(1) Vacant lots. This category consists of vacant lots for which plats or deeds have been recorded in the Office of the County Register of Deeds, which at the time of adoption of this chapter fail to comply with the minimum area and/or width requirements of the districts in which they are located. Any 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 or width is not more than 20% below the minimum specified in this chapter, and other dimensional requirements are otherwise complied with, the Zoning Enforcement Officer is authorized to issue a zoning compliance permit;
(b) Where the lot area or width 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 consider a variance of the dimensions as shall conform as closely as possible to the required dimensions; and
(c) Notwithstanding the foregoing, whenever two or more adjoining vacant lots of record are in single ownership at any time after the adoption of this chapter and the lots individually have less area or width than the minimum requirements of the district in which the lots are located, the lots shall be combined to create a single lot or lots which meet the minimum requirements of this chapter for the district in which the lots are located.
(2) Occupied lots. This category of nonconformance consists of lots, occupied by buildings or structures at the time of the adoption of this chapter, 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.
(B) Nonconforming uses.
(1) Uses of land. This category of nonconformance consists of lots used for storage yards, used car lots, auto wrecking, junkyards and similar uses where the only buildings on the lot are incidental and accessory to the open use of the lot and where the use of the land is not permitted to be established hereafter, under this chapter, in the district in which it is located. A legally established nonconforming open use of land may be continued except as follows:
(a) When a nonconforming open use of land has been changed to a conforming use, it shall not thereafter revert to any nonconforming use;
(b) A nonconforming open use of land shall be changed only to a conforming use;
(c) A nonconforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming; and
(d) When any nonconforming open use of land is discontinued for a period in excess of 180 days, any future use of the land shall be limited to those uses permitted in the district in which the land is located. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.
(2) Uses of structures. This category of nonconformance consists of buildings or structures used at the time of enactment of this chapter for purposes or uses not permitted in the district in which they are located. The uses may be continued as follows:
(a) An existing nonconforming use of a structure may not be changed to another nonconforming use.
(b) When a nonconforming use of a structure has been changed to a conforming use, it shall not thereafter be used for any nonconforming use.
(c) A nonconforming use of a structure may not be extended or enlarged, nor shall a structure containing a nonconforming use 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 structure containing a nonconforming use in sound condition are permissible.
3. Expansion of a nonconforming use of a building or structure into portions of the structure which, at the time the use became nonconforming, were already erected and arranged or designed for the nonconforming use is permissible.
(d) When any nonconforming use of a building or structure is discontinued for a period in excess of 180 days, the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located. Vacancy and/or nonuse of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.
(C) Nonconforming structures. This category includes any structure not in conformance with the restrictions of this chapter after the effective date of adoption of this chapter. The nonconformances shall include, but not be limited to height, bulk and setback. The nonconforming structures shall be allowed to remain with the following conditions:
(1) A nonconforming structure may not be enlarged or altered except where maintenance and repair are necessary to keep the structure in sound condition.
(2) When any nonconforming structure is removed, it may not be replaced with another nonconforming structure.
(3) When any nonconforming structure is damaged, repair must follow the guidelines listed in division (D) below.
(4) Structural alterations as required by law or ordinance to secure the safety of the structure are permissible.
(D) Reconstruction of damaged buildings or structures. Any nonconforming structure or structure containing a nonconforming use which has been damaged by fire, wind, flood or other causes may be repaired and used as before provided:
(1) Damage does not exceed 50% of assessed value; single-family residences or nonconforming structures used by a not-for-profit organization(s) may be repaired and rebuilt, and the use reestablished if damage exceeds 50% of the structure’s assessed value but they must meet all other ordinance criteria. Nonconforming manufactured homes may not be repaired or rebuilt under any circumstances if damage exceeds 50% of assessed value;
(2) Repairs are initiated within 12 months and completed within two years of the damage;
(3) The total amount of space devoted to a nonconforming use may not be increased;
(4) Reconstructed nonconforming structures may not be made nonconforming by the repairs; and
(5) Where possible, any nonconforming structure shall be repaired or reconstructed in a manner so as to minimize or ameliorate the nonconformance.
(E) Continuation of manufactured home parks.
(1) Manufactured home parks that become nonconforming uses shall be permitted to continue operation subject to the following stipulations:
(a) Nonconforming manufactured home parks may not be expanded or increased in size nor shall any additional spaces be added to the site;
(b) When a site at a nonconforming manufactured home park is vacated, another manufactured home may not be placed on that site;
(c) A nonconforming manufactured home park that is discontinued for 180 days shall not be reestablished. Vacancy and/or nonuse of the park, regardless of the intent of the owner, shall constitute discontinuance under this provision;
(d) If an existing nonconforming manufactured home on a conforming lot is removed, it shall only be replaced with a conforming structure or building; and
(e) If a nonconforming manufactured home is abandoned for a period of more than 180 days, the rehabitation of the manufactured home shall be prohibited. The date of abandonment shall be that date at which the abandonment of the manufactured home becomes evident.
(2) Under no circumstances shall a conforming manufactured home park be changed to become nonconforming.
(F) Continuation of manufactured homes on individual lots.
(1) Manufactured homes located on individual lots which become nonconforming structures may be continued until a time as the home is replaced. The replacement unit may not be another nonconforming structure. Manufactured homes on nonconforming lots may be continued. At the time that they are removed, the reestablishment of a manufactured home to any other structure on that lot is prohibited until a time as the lot is made to conform to the requirements of this chapter.
(2) If an existing manufactured home on a conforming lot is removed, it shall only be replaced with a conforming structure or building.
(3) If a manufactured home is abandoned for a period of more than 180 days, the rehabitation of the manufacturing home shall be prohibited. The date of abandonment shall be that date at which the abandonment of the manufactured home becomes evident.
(`94 Code, App. C, Art. VI, § 15) (Am. Ord. 96-4, passed 2-13-96; Am. Ord. 09-03, passed 7-14-09) Penalty, see § 155.999