A.

Within the districts established by this title, or amendments that may later be adopted, there exist: lots; structures; uses of land and structures; and characteristics of use which were lawful before the ordinance codified in this title was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this title or future amendment. It is the intent of this title to allow these nonconformities to continue until they are removed, but not to encourage their survival.

B.

On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls; provided, that the cubic content of the building as it existed at the time of the passage of Ordinance No. 370 shall not be increased. Nothing in this title shall prevent the strengthening or restoring to a safe condition any building or part thereof declared to be unsafe by any official charged with protecting public safety, on order of such official.

C.

A nonconformity shall not be enlarged, expanded, or extended, but the addition of a lawful use to any portion of a nonconforming building which existed prior to the enactment of the ordinance codified in this title shall not be deemed an extension of such nonconforming use.

D.

A single-family dwelling and any customary accessory buildings may be erected on any single lot of record preceding the effective date of adoption or amendment of the ordinance codified in this title. This provision shall apply even though such lot fails to meet the minimum requirements for area or width, or both, that are hereafter applicable within the zoning district; provided that setback and any other requirements of the lot shall conform to the regulations for the district in which such lot is located.

E.

A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding an aggregate cost of twenty-five (25) percent of the assessed value of the building unless said building is changed to a conforming use. No building damaged by fire or other causes to the extent of more than fifty (50) percent of its assessed value shall be restored or rebuilt except in conformity with the provisions of this title.

F.

Whenever a nonconforming use has been discontinued for a period of ninety (90) days or more, such use shall not thereafter be reestablished, and any future use shall be in conformance with the provisions of this title.

G.

Nothing in this title shall require any change in plans, construction, or designated use of a building for which a building permit has been issued prior to enactment of this title.

(Ord. No. 2015-14, 11-16-2015)