§ 6.1. Nonconforming buildings and uses.

It is the intent of this ordinance to recognize that the elimination of existing buildings and structures or uses that are not in conformity with the provisions of this ordinance is as much a subject of health, safety and general welfare as is the prevention of the establishment of new uses that would violate the provisions of this ordinance. It is also the intent of this ordinance to administer the elimination of nonconforming uses, buildings, and structures so as to avoid any unreasonable invasion of established private property rights.

Therefore, any structure or use of land existing at the time of the enactment of this ordinance, and amendments thereto, but not in conformity with its use regulations and provisions may be continued subject to the following provisions.

6.1.1  Unsafe structures. Any structure or portion thereof declared unsafe by an appropriate governing authority may be restored to a safe condition, provided the requirements in this section are met.

6.1.2  Alterations. Any change in a nonconforming building, use, or building site or yard area is subject to the following:

6.1.2.1 No nonconforming building can be structurally altered, except repairs on or installation of plumbing fixtures required by law; the changing of interior partitions; and interior remodeling.

6.1.2.2 No nonconforming building or lands, except those residential dwellings needing repairs on or installation of plumbing fixtures as required by law, can be substantially added to, moved, or extended in any manner unless such building or land is changed so as to conform with the provisions of this ordinance.

6.1.2.3 Whenever an existing residential dwelling must make repairs on or installation of plumbing fixtures which will force the location of the future addition of the dwelling nearer the lot line than the requirements set forth in this ordinance, the addition to the dwelling shall be allowed to extend to the existing building line but no nearer the property line than any existing portion of the dwelling.

6.1.2.4 Should a nonconforming building be moved, all nonconforming yard areas shall be eliminated.

6.1.3  Extension. A nonconforming use of land shall be restricted to the lot occupied by such use as of the effective date of this ordinance. A nonconforming use of a building or buildings shall not be extended to include either additional building or land after the effective date of this ordinance.

6.1.4  Restoration of damaged buildings. A nonconforming building, structure, or improvement which is hereafter damaged or destroyed to an extent exceeding 50 percent of the reasonable estimated replacement cost of the structure, building or improvement may not be reconstructed or restored to the same nonconforming use except upon approval of the building inspector.

6.1.5  Discontinuance. A nonconforming use which became such after the adoption of this ordinance and which has been discontinued for a continuous period of two years shall not be re-established and any future use shall be in conformity with the provisions of this ordinance.