ARTICLE 9

NONCONFORMING USES, STRUCTURES, LOTS AND SIGNS

9.1       Continuation of Nonconforming Use or Structure

Subject to the provisions of this Article 9, a nonconforming structure or use may be continued but must be maintained in reasonable repair.

9.2       Nonconforming Structure

(A)      A structure conforming as to use but nonconforming as to height, setback or coverage may be altered or expanded provided the alteration or expansion does not result in a violation of these Regulations.

(B)       A manufactured / mobile home may be replaced with a new manufactured / mobile home. The new home must be in place within ten (10) days of removal of the old home.

9.3       Discontinuance of a Nonconforming Use

If a nonconforming use is discontinued for a period of one (1) year, future use of the property shall be conforming.

9.4       Termination of Nonconforming Uses

(A)      A nonconforming use may be continued and maintained in reasonable repair and may be altered or expanded providing the alteration or expansion does not result in a further violation of these Regulations.

(B)       A use which is nonconforming with respect to provisions for screening shall provide screening within a period of five (5) years from the date of adoption of these Regulations.

9.5       Change of Nonconforming Uses

If a nonconforming use is changed, it shall be changed to a use conforming to the current zoning district regulations and, after such change, it shall not revert to any nonconforming use.

9.6       Destruction of a Nonconforming Use

(A)      If a nonconforming structure or a structure containing a nonconforming use is destroyed by fire, flood, wind, explosion or act of God to an extent exceeding fifty (50) percent of the costs of replacement of the total structure using new materials, a future structure or use on the property shall conform to the provisions of these Regulations.

(B)       If destruction is determined to be less than fifty (50) percent, restoration must commence within twelve (12) months of such destruction and completed within twenty-four (24) months of the commencement of restoration.

9.7       District Changes

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, Sections 9.1 through 9.7 shall also apply to any nonconforming uses already existing therein or created by such change of district classification.

9.8       Nonconforming Lots of Record

(A)      In any district in which one-unit dwellings are permitted, a single-family residence and customary accessory buildings may be erected on any single lot of record which exists as such at the time of adoption of these Regulations, to wit, March 31, 1976. Such a lot must have been in separate ownership and not abutting other lots under the same ownership. This provision shall apply even though such lot fails to meet the requirements of the district in which it is located for area, width or both, provided that the requirements of the district for minimum setback dimensions shall be met unless a variance to said requirements has been granted by the Board of Adjustment.

(B)       If two or more abutting lots or combinations of abutting lots or portions of lots with continuous frontage are in the same ownership at the time of the adoption or amendment of these Regulations and part or all of said lots do not meet the requirements of the district in which they are located as to minimum area or frontage or both, the lots shall be considered to be an undivided parcel and no portion of said parcel shall be used in a manner which diminishes compliance with lot width and area requirements established by these Regulations.

9.9       Nonconforming Signs

(A)      No such sign may be enlarged or altered in such a manner as to increase its nonconformity; however, any sign or portion thereof may be altered to decrease its nonconformity.

(B)       If any such sign or nonconforming portion thereof is damaged to an extent of more than fifty (50) percent of its total replacement cost at the time of said damage, it shall not be reconstructed except in conformity with the applicable provisions of these Regulations.

(C)       If any such sign should for any reason be moved from its location, it shall conform to the provisions of the district in which it is relocated.

(D)      The right to operate and maintain a nonconforming sign shall terminate three (3) years following the adoption of these Regulations.