A. 
Within the districts established by this chapter, or amendments thereto, there exist uses, structures or lots which were lawful prior to the adoption of this chapter but would be prohibited or more greatly restricted under the terms of this chapter. These uses, structures, and lots are declared legal nonconformities.
B. 
It is the intent of this article to permit legal nonconformities until they are removed but not to encourage their continuation. Such uses, structures and lots are declared by this chapter to be incompatible with permitted uses in the district in which they are located.
A nonconforming use of land or structure which existed at the time of adoption of this chapter, or amendments thereto, may be continued but shall comply with the following provisions:
A. 
Only that portion of the land in actual use may be continued to be used. The nonconforming use shall not be extended, enlarged, substituted, or moved in a manner to increase the nonconformity, except when required by law or order or to bring the use into conformity with the provisions of this chapter.
B. 
Once a nonconforming use has been changed to a conforming use, it shall not revert to nonconforming status.
C. 
If the nonconforming use has been discontinued for a period of 12 months it shall be considered abandoned. Any future use shall conform to the provisions of this chapter.
D. 
Uses which are nuisances shall not be permitted to continue as nonconforming uses.
E. 
No nonconforming use in the floodplain shall be modified or added to unless such modification or addition is made in conformance with Article XXI (Floodplain Overlay District). For the purpose of Article XXI , the words "modified" and "added to" shall include, but not be limited to, any alteration, addition, modification, rebuilding, or replacement of any such existing structure or accessory use. Ordinary maintenance repairs are not considered structural repairs, modifications, or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other structural components.
[Amended 1-5-2012 by Ord. No. 11-32]
A structure which does not conform to the yard, height, parking, loading, and access requirements of this chapter may be continued to be used but shall comply with the following provisions:
A. 
Normal maintenance is allowed.
B. 
Structural repairs, alterations, and expansions are allowed, provided that they do not intensify the nonconforming nature of the structure.
C. 
Nonconforming structures which are damaged or destroyed by fire, flood, explosion, or other acts of God are exempt from the provisions of this chapter, provided that reconstruction does not increase the structure's previous nonconformity and the structure is not situated within the Shoreland or Floodplain Overlay District.
D. 
Once a nonconforming structure has been moved or altered to comply with the provisions of this chapter, it shall not revert to nonconforming status.
E. 
In the Shoreland and Floodplain Overlay Districts, a nonconforming structure which is destroyed or damaged more than 50% by fire, flood, explosion, or other acts of God shall not be replaced, reconstructed or rebuilt unless the structure meets the provisions of Article XX (Shoreland Overlay District) and Article XXI (Floodplain Overlay District).
F. 
Nonconforming structures within the floodway district shall not be modified or added to unless they meet the requirements of § 625-207.
(1) 
In the floodway district, any modification or addition shall meet the following criteria:
(a) 
The modification or addition will not increase the amount of obstruction to the floodway pursuant to § 625-176 (Special provisions applicable to all floodplain districts).
(b) 
Any addition to a structure shall be floodproofed pursuant to § 625-181 (Floodproofing) by means other than the use of fill to the flood protection elevation.
(c) 
No structural repairs, modifications, or additions to a structure which exceed, over the life of a structure, 50% of its present equalized value, based on the accumulation of percentages of all structural repairs, additions, or modifications, shall be allowed unless the entire structure is permanently changed to a conforming use.
(d) 
If any nonconforming structure is destroyed or is so seriously damaged that it cannot be practically restored, it cannot be replaced, reconstructed, or rebuilt unless the entire structure meets the provisions of § 625-181 (Floodproofing).
(e) 
A permit or a variance has been granted.
(f) 
No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in a floodway area. Any replacement, repair, or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the requirements of all applicable tribal ordinances.
(g) 
No potable water shall be allowed in a floodway area. Any replacement, repair, or maintenance of an existing well in a floodway area shall meet the requirements of all applicable tribal ordinances.
(2) 
In the flood-fringe district, any modification or addition shall meet the following conditions:
(a) 
Any additions or modifications which do not exceed 50% of its present equalized assessed value shall be protected by floodproofing measures pursuant to § 625-181 (Floodproofing).
(b) 
When compliance with Subsection F(2)(a) would result in an unnecessary hardship, and only where the structure is not designed for human habitation or is associated with high flood potential, the committee may recommend that the Tribal Legislature grant a variance using the criteria listed below:
[1] 
Human lives are not endangered.
[2] 
Public facilities, such as water or sewer, are not to be installed.
[3] 
Flood depths shall not exceed four feet.
[4] 
Flood velocities will not exceed two feet per second.
[5] 
The structure will not be used for storage of materials described in § 625-179C(5).
[6] 
No floor is allowed below the regional flood elevation.
(c) 
Flood depth and velocities under § 625-179C(3) shall be determined by standards established by the United States Army Corps of Engineers.
(d) 
Any addition or modification which exceeds 50% of a structure's present equalized assessed value shall require the entire structure to be floodproofed pursuant to § 625-179 (Flood-fringe district) and § 625-181 (Floodproofing).
(e) 
If neither the provisions of Subsection F(2)(a) or (b) can be met, an addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in the flood fringe on a one-time basis only, if the addition:
[1] 
Meets all other ordinances and will be granted by permit or variance;
[2] 
Does not exceed 60 square feet in area; and
[3] 
In combination with other previous modifications or additions to the building, does not exceed 50% of the present equalized assessed value of the building.
(f) 
All new private sewage disposal systems or additions to, replacement, repair, or maintenance of a private sewage disposal system shall meet all the applicable provisions of all tribal ordinances.
(g) 
All new wells or additions to, replacement, repair, or maintenance of a well shall meet the applicable provisions of all tribal ordinances.
G. 
Nonconforming structures in the shoreland district shall not be modified, structurally repaired, or added to when the cost over the life of the structure exceeds 50% of its equalized value based on the accumulation of percentages of repairs, additions or modifications unless the entire structure is permanently changed to a conforming use.
A lot of record may be used for any use or structure allowed in the district in which it is located, provided that it complies with the following:
A. 
All structures shall meet the setback, yard, height, parking, loading, and access requirements of this chapter.
B. 
No structure shall be constructed on a lot which has less than 50% of the required width or area until a conditional use permit has been granted.
Existing conditional uses shall be treated in the following manner:
A. 
An existing conditional use which, under the terms of this chapter, is a permitted use in the district in which it is located shall be deemed a permitted use, provided that the use and structures meet the regulations of the district in which they are located.
B. 
An existing conditional use which, under the terms of this chapter, is a conditional use in the district in which it is located may be continued, provided that the terms of the conditional use permit are being followed.
C. 
An existing conditional use which is listed as neither a permitted use nor a conditional use under the terms of this chapter shall be deemed to a nonconforming use and shall be subject to the provisions of this article.
A current file of all nonconforming uses shall be kept by the Department, listing the leaseholder's name and address, property description, nature and extent of the nonconforming use, and the date the use was established or became nonconforming. The file shall be used by the Department to document changes or expansions of such uses and for issuance of violation notices.