A.   Within the districts established by this title there exist lots, structures, uses of land and structures, use of structures, and signs which were lawful, but which would be prohibited, regulated, or restricted under the terms of this title. It is the intent hereof to provide for the elimination of certain nonconformities, to permit some nonconformities to conditionally continue, and to ensure that nonconformities shall not be horizontally or vertically enlarged, increased, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

   B.   Nonconforming uses are declared by this title to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure and land in combination shall not be enlarged, increased, expanded or extended by the addition of other uses prohibited generally in the district involved.

   C.   Nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun but not completed prior to the effective date hereof 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 fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently. (Ord. 2013-20)

   A.   Any lot, structure, use, sign or combination thereof which was lawfully established prior to the adoption of Carbondale's zoning ordinance in 1974 which does not conform with any aspect of this title as adopted in 2013 shall remain a lawful nonconforming lot, structure, use, sign or combination thereof.

   B.   Any lot, structure, use, sign or combination thereof which was lawfully established prior to the adoption of Carbondale's zoning ordinance in 1974 and which did not conform with any aspect of that ordinance but that now fully conforms with all aspects of this title shall be considered a lawful lot, structure, use, sign or combination thereof and shall not be subject to this chapter.

   C.   Any lot, structure, use, sign or combination thereof which was lawfully established after the adoption of Carbondale's zoning ordinance in 1974 but which does not conform with any aspects of this title as adopted in 2013 shall remain a lawful nonconforming lot, structure, use, sign or combination thereof. (Ord. 2013-20)

Special uses and nonconforming uses are distinguishable. A "nonconforming use" means the use of a building or premises that does not comply with the regulations and restrictions of the district in which it is located. A "special use" is one which is controlled and conditionally permissible in a given zone. It is granted by the city council only after a public hearing, upon a finding that conditions of the zoning provisions of this code are satisfied. (Ord. 2013-20)

   A.   The minimum lot area and minimum lot width shall not apply to any lot legally recorded in the form of a deed or plat existing on the effective date hereof, providing such lot is in separate ownership and not of contiguous frontage with other lots in the same ownership. Further provided, that yard dimensions and requirements other than those 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 such other yard requirements shall be obtained only through action of the zoning board of appeals.

   B.   In any district, if two (2) or more unimproved lots or combination of lots and portions of lots with continuous frontage in single ownership are of record in the form of a deed or plat on the effective date hereof, and if all or part of the lots do not meet the requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purpose of this title, and no portion of said parcel shall be used or sold in a manner which creates noncompliance with lot width and area requirements established by this title, nor shall any voluntary division of any parcel be made which creates a lot with width or area below requirements stated in this title. (Ord. 2013-20)

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

   A.   Alteration: No such nonconforming structure may be horizontally or vertically enlarged or altered in a way which increases the nonconforming floor area, or moved in a way which increases its nonconformity.

   B.   Remodeling Or Addition: A nonconforming structure may be remodeled or added to, provided that the remodeling or addition or the use thereof, will not create a violation of any provisions of this title.

   C.   Reconstruction: In the event more than fifty percent (50%) of such nonconforming structure shall be rendered unusable, it shall not be reconstructed except in conformity with the provisions of this title or with action taken by the zoning board of appeals.

   D.   Exception; R-1 District: Structures located within the R-1 low density residential district which existed in 1974 may be reconstructed utilizing the existing footprint. The structure may not be reconstructed if it was built over a property line when originally constructed or is not in compliance with the permitted uses allowed within the R-1 low density residential district. Any reconstructed structure shall comply with all current building codes adopted by the city.

   E.   Exception; Location: Structures that were previously located in land outside of the city's zoning jurisdiction, but were later zoned as part of the zoning expansion in 1998, or as part of a future expansion, may be reconstructed utilizing the existing footprint. The structure may not be reconstructed if it was built over a property line when originally constructed or is not in compliance with the permitted uses allowed within the existing zoning district. Any reconstructed structure shall comply with all current building codes adopted by the city. (Ord. 2014-09)

Where a use of land exists on the effective date hereof that would not be permitted under the provisions hereof, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No such nonconforming use shall be enlarged, increased, expanded or extended to occupy a greater area of land than was occupied on the effective date hereof.

   B.   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 hereof.

   C.   In the event any such nonconforming use of land shall be discontinued for a period of ninety (90) days, the same shall not thereafter be permitted to continue as a nonconforming use, and any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located.

   D.   No additional structures or facilities which fail to conform to the requirements of this title shall be erected in connection with such nonconforming use of land. (Ord. 2013-20)

Where a use of a structure or of structures and land in combination exists on the effective date hereof, that would not be permitted under the provisions hereof, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No such nonconforming use of a structure, or of structures and land in combination, shall be horizontally or vertically enlarged, increased, expanded or extended to occupy or use a greater area of land or a greater portion of a structure than was so occupied or used on the effective date hereof.

   B.   Nonconforming home occupations may be continued only so long as the ownership thereof shall not be changed.

   C.   If no structural alterations are made, a nonconforming use of a structure or premises may be changed to another nonconforming use after a hearing before the planning commission and approval by the city council. The planning commission, in making a positive recommendation to the council, must find that the new nonconforming use is more appropriate to the district than the existing nonconforming use. In permitting such changes, the city council may establish and require appropriate conditions and safeguards in accord with the provisions of this title.

   D.   In the event that any such nonconforming use shall be superseded for any period of time by a permitted use, or in the event the same shall be discontinued or abandoned for a period of six (6) consecutive months, or for at least eighteen (18) intermittent months of any consecutive thirty six (36) month period, the same shall not, after the expiration of such applicable period, be permitted to continue as a nonconforming use, and any subsequent use shall conform to the regulations specified by this title for the district in which the structure or land is situated.

   E.   Normal repairs or maintenance of nonconforming structures or portion of a structure containing a nonconforming use may be done. (Ord. 2013-20)

For the purposes of this title, a mobile home park existing on the effective date hereof that would not be permitted under the provisions hereof, shall be construed as a nonconforming use of land, and the provisions of section 15.7.4 of this chapter shall be applicable to and control such nonconforming mobile home park use.

   A.   Provided, however, no mobile home shall hereafter be placed in any mobile home park in a manner which decreases the distance between such mobile home and any other mobile home or structure to less than fifteen feet (15'), unless at the effective date hereof such distance is less than fifteen feet (15'), in which case such distance shall not be diminished further.

   B.   Provided further, no mobile home shall hereafter be placed in any mobile home park in a manner which decreases the required setbacks between such mobile home and any public road or internal private road, unless at the effective date hereof such setback is less than the required setback, in which case such setback shall not be diminished further. (Ord. 2013-20)

Notwithstanding anything in this title to the contrary, where a sign exists on the effective date hereof that would not be permitted under the provisions hereof pertaining to signs, such signs may be maintained and continued only for such periods of time as hereinafter provided and subject to the following provisions:

   A.   The abandonment of a nonconforming sign shall immediately, at the time of such abandonment, terminate the right to maintain and continue the same.

   B.   The violation of any provision of this title pertaining to signs shall immediately, at the time such violation occurs, terminate the right to maintain and continue that nonconforming sign connected with or involved in such violation.

   C.   In the event a nonconforming sign shall become substandard under any applicable ordinance of the city, to the extent the same shall become hazardous or perilous, the right to maintain and continue such sign shall immediately terminate.

   D.   In the event a nonconforming sign shall be removed, destroyed, or damaged by any means to the extent that the same shall be rendered unusable, the right to maintain and continue such sign shall immediately terminate at the time of such removal, destruction, or damage. (Ord. 2013-20)

Any sign situated on premises on which a nonconforming use of structure, use of land, or use of structure and land in combination, exists on the effective date hereof, shall be deemed to be a nonconforming sign, only to the extent such sign fails to meet the most restrictive sign regulations of this title that are applicable to the district or districts in which such use is a permitted use. (Ord. 2013-20)

   A.   Where a structure, use of land, use of a structure, or use of structures and land in combination exists in the flood fringe district or floodway district on the effective date hereof that would not otherwise be permitted under the provisions hereof, such structure or use may be continued so long as it remains lawful, subject to the provisions of sections 15.7.3, 15.7.4 and 15.7.5 of this chapter.

   B.   A structure that is nonconforming solely due to its location in the flood fringe district or floodway district may be repaired or rebuilt if destroyed fifty percent (50%) or more in accordance with the provisions of section 15.2.6 or 15.2.7 of this title, whichever is appropriate. (Ord. 2013-20)