Nonconforming by issuance of a permit or certificate of occupancy

The location of a structure in violation of the set back requirements shall be considered a legal nonconforming structure by dimension provided that all the following conditions are met:

• • (1) The use is a single residential dwelling unit only;

  • (2) The nonconformance of the building or structure does not exceed 25 percent of the required side, front, and/or rear yard setbacks;

  • (3) A building permit and/or certificate of occupancy was issued for the location of the structure prior to the effective date of the adoption of this section of the ordinance (September 20, 2001);

  • (4) A period of seven years has expired since the improper location of the structure; and,

  • (5) No notice of violation. Zoning board of appeal action, or court action is pending in regard to the improper location of the structure.