(A)   Within the districts established by this chapter or amendments that may later be adopted, there exists lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment.

   (B)   It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. The uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, and not be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

   (C)   A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off of the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

   (D)   To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building in which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual construction has been diligently carried on. ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent positions and fastened in a permanent manner, except that where demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

(Ord. passed - -2000) Penalty, see § 153.999

   Nonconforming uses are of three types:

   (A)   Nonconforming lot of record. A lot which is part of a recorded subdivision or a parcel of land, the deed to which was recorded prior to the adoption of these regulations, and the lot does not comply with the lot area or width requirements of the district in which it is located;

   (B)   Nonconforming structure. A structure that existed prior to the adoption of these regulations that does not comply with the lot coverage, height, or yard requirements which are applicable to structures in the zoning district in which it is located; and

   (C)   Nonconforming uses. A use of a structure or of land that lawfully existed prior to the adoption of these regulations which does not comply with the use regulations applicable in the zoning district in which it is located.

(Ord. passed - -2000)

   The Zoning Board of Adjustment may issue a building permit for a nonconforming lot of record, provided that:

   (A)   The lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of the size and width at that location would have been prohibited by any zoning regulations;

   (B)   The lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of the lot has been prohibited by any zoning regulations;

   (C)   The lot can meet all yard regulations for the district in which it is located; and

   (D)   The lot can meet minimum sanitation requirements by connecting a sanitary sewer line.

(Ord. passed - -2000)

   (A)   Authority to continue. Any existing structure which does not comply with the applicable intensity of use regulations and/or the applicable yard and height regulations may be continued, so long as it remains otherwise lawful.

   (B)   Enlargement, repair, and alterations. Any nonconforming structure may be enlarged, maintained, repaired, or remodeled, provided, however, that no enlargement, maintenance, repair, or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of the structure. Notwithstanding the above, a porch which is covered by a roof which extends into a front setback area may be enclosed but not in excess of the area covered by the existing roof.

   (C)   Damage or destruction. In the event that any nonconforming structure is damaged or destroyed, by any means, to the extent of more than 60% of its replacement value, the structure shall not be restored unless it shall then conform to the regulations for the zoning district in which it is located. When a structure is damaged to the extent of 60% or less, no repairs or restoration shall be made unless a building permit is obtained within six months and restoration is actually begun one year after the date of the partial destruction and is diligently pursued to completion.

   (D)   Moving. No nonconforming structure shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

(Ord. passed - -2000) Penalty, see § 153.999

   (A)   Authority to continue. Any lawfully existing use of part or all of a structure or any lawfully existing use of land which existed prior to the adoption of these regulations and does not comply with these requirements of these regulations may be continued, so long as otherwise lawful and so long as it is not specified to be terminated by these regulations.

   (B)   Ordinary repair and maintenance.

      (1)   Normal maintenance and incidental repair or replacement, installation or relocation of non-bearing partitions, non-bearing walls, fixtures, wiring, or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use.

      (2)   Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares the structure to be unsafe and orders its restoration to a safe condition.

   (C)   Extension. A nonconforming use shall not be extended, expanded, enlarged, or increased either in land area or floor area.

   (D)   Enlargement. No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner unless the use shall then conform to the regulations of district in which it is located.

   (E)   Damage or destruction. In the event that any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than 60% of its replacement value, the structure shall not be restored unless the structure and its use shall then conform to all regulations of the zoning district in which it is located. When the damage or destruction is 60% or less, no repairs or restoration shall be made unless a building permit is obtained and restoration is actually begun within one year after the date of the partial destruction and is diligently pursued to completion.

   (F)   Moving. No structure that is devoted in whole or in part to a nonconforming use and no nonconforming use of land shall be moved in whole or in part for any distance whatever to any location on the same or any other lot, unless the entire structure and its use and the use of the land shall then conform to all regulations of the zoning district in which it is located after being so moved. Manufactured homes and mobile homes may be replaced on an existing utility hookup outside a manufactured home park.

   (G)   Change in use. If no external structural alterations are made which will expand the area or change the dimensions of the existing structure, any nonconforming use of a structure or premises may be changed to another nonconforming use, provided that the City Council, after receiving the recommendation of the Planning Commission, shall find that the proposed use is as appropriate or more appropriate to the district than the existing nonconforming use. In permitting a change, the City Council, after receiving the recommendation of the Planning Commission, may require conditions and safeguards to protect surrounding areas and properties. Once the use has changed, it may no longer be returned to the original use or any other less appropriate use.

   (H)   Nonconforming accessory uses. No use which is accessory to a principal nonconforming use shall continue after the principal use shall cease or terminate unless the accessory use is permitted in the district.

   (I)   Nonconforming residential uses. Any structure which is devoted to a residential use and which is located in a HC or CBD District may be remodeled, expanded, or enlarged. The structure shall not be used to accommodate a greater number of dwelling or lodging units than the structure accommodated prior to the work.

   (J)   Change of ownership. A nonconforming use may be continued, but not increased, by a new owner of the property.

(Ord. passed - -2000) Penalty, see § 153.999