(A)   Within the districts established by this Zoning Code, or amendments that may later be adopted, there exist lands and land usages which were lawful before this Zoning Code was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Zoning Code or future amendment, including certain:

      (1)   Lots,

      (2)   Structures,

      (3)   Uses of land and structures.

   (B)   It is the intent of this Zoning Code to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Zoning Code that nonconformities shall not be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

   (C)   Nonconforming uses are declared by this Zoning Code to be incompatible with the permitted uses in the districts involved. A nonconforming set-back of a structure shall not be decreased and a nonconforming use of land or structure shall not be changed after passage of this Zoning Code by the addition of other uses of a nature which would be prohibited generally in the district involved.

('69 Code, § 151.20) (Ord. C-285, passed 7-8-68; Am. Ord. C-557, passed 2-13-84; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90) Penalty, see § 154.99

   In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Zoning Code, notwithstanding limitations imposed by other provisions herein. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.

Variance of yard requirements shall be obtained only through action of the Board of Appeals.

('69 Code, § 151.21) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90) Penalty, see § 154.99

   If a lawful use involving individual structures, or of structure and premises in combination, exists at the effective date of adoption or amendment of this Zoning Code, that would not be allowed in the district under the terms herein, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   (A)   No existing structure devoted to a use not permitted by this Zoning Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

   (B)   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Zoning Code, but no such use shall be extended to occupy any land outside such building;

   (C)   If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may, as a special exception, be changed to another nonconforming use provided that the Board of Appeals, by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Appeals may require appropriate conditions and safeguards in accordance with the provisions of this Zoning Code;

   (D)   Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;

   (E)   When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months, or for 18 months during any three-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located;

   (F)   (1)   For the purpose of division (F)(2) below, DESTRUCTION is defined as damage to an extent of more than 50% of the replacement cost at the time of destruction.

      (2)   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure from any cause shall eliminate the nonconforming status of the land.

('69 Code, § 151.22) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90)