Subdividers Ordinance

SECTION 4 NONCONFORMING USES 4.01 INTENT A. If within the districts established by this Ordinance there exist lots, structures, and use of land and structures that were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance or amendments, it is the intent of this Ordinance to permit these non-conformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. B. This Ordinance intends that non-conformities must not be enlarged upon, expanded, or extended. Non-conforming uses may not serve as grounds for adding other structures, signs, or uses prohibited elsewhere in the same district. 4.02 EXISTING STRUCTURES AND USES A. Existing Non-conforming Structures To avoid undue hardship, nothing in this Ordinance requires a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance when actual building construction has begun. Actual construction includes placing of construction materials in permanent position and fastened in a permanent manner; except that the demolition or removal of an existing building has been substantially begun prior to rebuilding, the demolition or removal will be considered actual construction. The construction must be completed in a reasonable time. B. Non-conforming Lots of Record A lot of record on the effective date of this Ordinance that has less area or width than required may be used for any purpose permitted in the district in which it is located, provided all other provisions of this Ordinance are met. C. Non-Conforming Uses of Land Where, at the effective date of adoption or amendment of this Ordinance, lawful use of land exists that is made no longer permissible under the terms of this Ordinance, the use may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. No non-conforming use may be enlarged or increased or extended to occupy a greater use of land than it occupied at the effective date of adoption or amendment of this Ordinance. 2. No non-conforming use may be moved in whole or in part to any other portion of the lot or parcel occupied by the use at the effective date of adoption or amendment of this Ordinance. 108 Adopted November 14, 2007