CHAPTER 8: NON-CONFORMING USES
Section 1: General: At the effective date of this ordinance, certain lots, buildings, structures and uses of land which have been created, constructed or established may not meet the requirements of this ordinance for the zone district in which they are located. It is the intent of this ordinance to allow the continuation of non-conforming uses, but to prevent the expansion of such non-conformity.
Section 2: Non-Conforming Lots of Record:
A. In any zone district, where a lot, parcel or tract of land is in legal existence on the effective date of this ordinance, and such lot is smaller than the minimum lot size required for that zone district, a non-conforming lot of record shall be deemed to exist. For the purpose of establishing the legal existence of a lot, parcel or tract of land, evidence may be presented that the lot, parcel or tract was legally created by plat, recorded deed, recorded warranty deed, recorded contract of sale or purchase agreement executed prior to the effective date of this ordinance.
B. In any zone district, any use by right or permitted use may be established on a non-conforming lot of record so long as the requirements for setbacks within the zone district are met. Any conditional use or special use which is proposed to be established on a non-conforming lot of record shall comply with the requirements of this ordinance.
C. In the agriculture/suburban, rural residential, residential and rural community/commercial zone districts, one (1) single family residential structure may be constructed or placed on any non-conforming lot of record as a permitted use. Such residential use shall not be deemed to be a non-conforming use so long as the requirements for setbacks within the zone district are met.
Section 3: Non-Conforming Structures:
A. A structure which is not in conformance with the requirements of this ordinance due solely to the purpose for which the structure is used shall be deemed a non-conforming use subject to the provisions of Section 4, below.
B. A structure which is not in conformance with the requirements of this ordinance because of its physical placement on a parcel of land so that it cannot meet setback requirements shall be deemed a non-conforming structure and shall not be expanded, enlarged or structurally altered in such manner as to increase the non-conformity. Should a non-conforming structure be destroyed, any replacement structure shall meet the setback requirements of the zone district in which it is located.
Section 4: Non-Conforming Uses:
A. Where a use of land and/or structures are lawfully in existence on the effective date of this ordinance, and are not in compliance with the requirements herein, it shall be deemed a non-conforming use. Non-conforming uses shall not be expanded or altered in a manner which would increase the non-conformity.
B. No structure devoted to a non-conforming use shall be enlarged, extended or structurally altered in a manner that would increase the non-conformity.
Section 5: Extension of Non-Conforming Use: A nonconforming use may be re-established or altered by obtaining a variance following the procedures set forth at Chapter 9 of this ordinance.