A.   Nonconforming Lots, Structures Or Uses Allowed: It is the intent of this title to permit legal nonconforming lots, structures or uses to continue until they are removed or become more conforming, but not to encourage their continuance.

It is recognized that there exist, within the zoning districts established by this title, lots, structures and uses of land and structures which were lawful before this title was adopted, which would be prohibited, regulated or restricted under its present terms. Such uses are declared by this title to be incompatible with permitted uses in the district involved. It is the intent of this title that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district. Zoning and planning shall hear all requests for variances under this section. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land, shall not be extended nor enlarged after the passage of the ordinance from which this section is derived by alteration of a building or premises or by the addition of other uses of a nature which would be prohibited generally in the zoning district involved. To avoid undue hardship, nothing in this section shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to November 16, 1982, nor any building upon which a building permit has been issued and construction has not begun. "Actual construction" is hereby defined to include the placing and fastening of construction materials in a permanent position. If demolition or removal of an existing structure is involved, such demolition or removal shall be considered as a part of the construction.

   B.   Change In Ownership: There may be a change of tenancy, ownership or management of any existing nonconforming use of land, structure or land and structure providing there is not a change in the nature or character of such nonconforming use. (Ord. 2012-1, 4-17-2012)

   A.   Lots Nonconforming Prior To Adoption Of Zoning Ordinance: In a district in which dwellings are permitted, notwithstanding limitations imposed by other provisions of this title, a dwelling or dwellings and customary accessory buildings may be erected on any single lot or lots of record on November 16, 1982.

This provision shall apply even though such lot fails to meet the requirements for area and/or width, which are generally applicable in the zoning district involved; provided, that side yards, setbacks, and other requirements shall conform to the regulations for the zoning district in which such lot is located.

   B.   Division Of Parcels: If two (2) or more lots or combinations of lots or portions with continuous frontage are in single ownership at the time of the adoption or amendment to this section, and if the lot or combination of lots does not meet the requirements for area or width, the land involved shall be considered as an undivided parcel. No division of a parcel shall be made which leaves the remaining lot or fraction thereof with width or area below the requirements stated in that zoning district. Variances may be obtained through approval of zoning and planning. (Ord. 2012-1, 4-17-2012)

If a lawful use of land existed on November 16, 1982, which is no longer permissible under the zoning district in which the land is located, the use may continue, subject to the following provisions:

   A.   No nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied on the passage date hereof or the date of amendments hereto.

   B.   No nonconforming use shall be moved in whole or in part to any other portion of the lot, tract, or parcel occupied by such use after November 16, 1982.

   C.   If any nonconforming use of land ceases for any reason for a period of one hundred eighty (180) days or more, any subsequent use of such land shall conform to the regulations for the zoning district in which the land is located.

   D.   Property owners may petition the zoning and planning commission and the town council for a variance to these provisions as outlined in section 8-3-2 of this title. (Ord. 2012-1, 4-17-2012)

If a lawful structure existed on November 16, 1982, which could not be built under the terms or regulations for the zoning district in which such nonconforming structure is located because of restrictions on lot coverage, height or other characteristics of the structure, the structure may be continued, subject to the following provisions:

   A.   No structure may be enlarged or altered in any way that increases its nonconformity.

   B.   Should a structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost (as determined by the Casper building inspector based on a written bid submitted by a qualified building contractor) exclusive of foundation, it shall not be reconstructed except in conformity with the requirements for the zoning district in which the structure is located.

   C.   Should any structure be moved for any reason, for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located.

   D.   Property owners may petition the zoning and planning commission and the town council for a variance to these provisions as outlined in section 8-3-2 of this title. (Ord. 2012-1, 4-17-2012)

If a lawful use of a structure and land, in combination, existed on November 16, 1982, which is not permitted in the zoning district in which it is located, the use may continue, subject to the following contingencies:

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

   B.   Any nonconforming use may be extended throughout any part of an existing building or structure planned, arranged, or designed for such use, which existed on November 16, 1982, however, such use shall not be extended to occupy any land outside such building.

   C.   If no structural alterations are made, a nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use of the same or a more restrictive classification, providing that the proposed use is equally appropriate to the district as the preexisting nonconforming use. In permitting such change, zoning and planning may require appropriate conditions and safeguards for the protection of other owners of property within the zoning district; however, under no circumstances shall the nonconformity of any use be changed to a less restrictive classification.

   D.   If a nonconforming use of a structure and land is discontinued for a period of one hundred eighty (180) days or more in any one calendar year, except seasonal or periodical agriculture or residential use, any future use of such land, building or structure shall be in conformity with the regulations for the zoning district in which the use is located.

   E.   On any building or structure devoted in whole or in part to any nonconforming use, ordinary work and repairs, or repair or replacement of nonbearing walls, fixtures, wiring and plumbing shall be permitted; however, this is not to exceed fifty percent (50%) of the replacement cost of the building as determined by the building official. Nothing shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereto, declared to be unsafe by an official. Nothing in this section shall be construed to prevent the installation or repair of curbs, gutters, sidewalks, streets, storm sewers or any other capital improvement that is for the safety and general welfare of the zoning district in which said land or structure is located.

   F.   Property owners may petition the zoning and planning commission and the town council for a variance to these provisions as outlined in section 8-3-2 of this title. (Ord. 2012-1, 4-17-2012)