§ 10.01.01. Intent.

1.

Within the districts established by this ordinance, or amendments that may later be adopted there exists:

a.

Lots;

b.

Structures;

c.

Uses of land and structures; and

d.

Characteristics of use which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

2.

Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. A nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this ordinance, or by the addition of other uses, of a nature which would be prohibited generally in the district involved.

3.

Wherever the words or phrases "this ordinance was passed", "effective date of adoption" or similar phrases are used in this ordinance regarding the zoning district regulations, the meaning shall be the effective date of adoption, which is March 11, 1974 for Residential zoning districts, and July 10, 1990 for the Agricultural zoning districts.

4.

The requirements of this chapter shall only apply to that structure where the nonconformity actually exists. In situations where a legal, nonconforming accessory structure exists on the same lot or parcel with a conforming principle structure the conforming principle structure may be expanded or enlarged without regard to the nonconformity of the accessory structure; provided such enlargement or expansion meets the zoning requirements of the zoning district involved. Any accessory structure constructed or installed before March 11, 1974 is a legal, nonconforming structure. There shall be no expansion or enlargement of any nonconforming structure unless and until a variance is obtained as prescribed in chapter 11 of this Code.

(Ord. No. 11-01, § 2, 1-18-11)