300.01.

Within the districts established by this ordinance or amendments that may later be adopted, there exist lots, structures, uses of land structures, and characteristics of use which were lawful before this ordinance was passed or were amended after its adoption but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this ordinance that nonconformities shall not be enlarged, expanded, or extended, or used as grounds for adding other structures or for uses prohibited elsewhere in the same district.

300.02.

Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. A nonconforming use of structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not, after passage of this ordinance, be extended or enlarged by attachment on a building or premises or additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

300.03.

To avoid undue hardship, nothing in this ordinance shall require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and the fastening of them in a permanent manner. Where excavation, demolition, or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

301.01.

All existing lots of record, which at the time of adoption or amendment of this ordinance become nonconforming lots in regard to lot area or width and which are under single ownership and not of continuous frontage with other lots under the same ownership, may be used for any permitted use in the district in which they are located, notwithstanding limitations imposed by other provisions of this ordinance. Variance of yard requirements shall be obtained only through action of the Board of Adjustment and shall not allow any use of the property other than for permitted uses within the district.

301.02.

If two or more vacant lots with continuous frontage in single-ownership (including joint, common, and corporate ownership) are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this ordinance.

302.01.

Where at the time of passage of this ordinance lawful use of land exists which would not be permitted by the regulations imposed by this ordinance and where such uses involve no individual structure with a replacement cost exceeding $5,000.00, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:

302.01-01.

No such nonconforming use shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.

302.01-02.

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this ordinance.

302.01-03.

If any such nonconforming use of land ceases for any reason for a period of more than 90 days, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

302.01-04.

No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such nonconforming use of land.

303.01.

Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, location on the lot, or other requirements concerning the structure, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:

303.01-01.

No such conforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

303.01-02.

If such nonconforming structure or nonconforming portion of structure is destroyed by any means to an extent of more than 75 percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.

303.01-03.

If such structure is moved for any distance for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

304.01.

If lawful use involving individual structures or structures and premises in combination with a replacement cost of $5,000.00 or more exists at the effective date of adoption or amendment of this ordinance that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

304.01-01.

No existing structure devoted to a use not permitted by this ordinance 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, unless otherwise provided by the provisions of subsection 304.

304.01-02.

A structure or structure and premises in combination devoted to a single-family residential use which is located in a commercial district may be enlarged, extended, or altered provided other provisions of this ordinance are not violated.

304.01-03.

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 of this ordinance, but no such use shall be extended to occupy any land outside such building, except as allowed in subsection 304.01-02.

304.01-04.

If no structural alterations are made, any nonconforming use of a structure or of a structure and premises may, as a special exception, be changed to another nonconforming use, provided that the Board of Adjustment, either by general rule or 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 Adjustment may require appropriate conditions and safeguards in accord with the provisions of this ordinance.

304.01-05.

Any structure or structure and premises 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.

304.01-06.

When a nonconforming use of a structure or of a structure and premises in combination is discontinued or abandoned for 6 consecutive months or for 18 months during any 3-year period (except when government action impeded 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.

304.01-07.

Should a nonconforming use of structure or of structure and premises in combination be destroyed by means other than an act of nature or fire to an extent of more than 75 percent of the replacement cost at the time of destruction, the structure shall not be reconstructed except in conformity with the provisions of this ordinance.

305.01.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 10 percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure, provided that the cubic content existing when it became nonconforming shall not be increased.

305.02.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

305.03.

Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition any building or part thereof declared to be unsafe by an official charged with protecting the public safety, provided that such improvements shall not exceed 25 percent of the current market value of the structure.

306.01.

Any use which is permitted as a special exception in a district under the terms of this ordinance (other than a change through the Mayor and Board of Aldermen's action from a nonconforming use to another nonconforming use) shall not be deemed a nonconforming use in such district but shall without further action be considered a conforming use.