(a)

Within the districts established by this chapter, or amendments that may later be adopted, there exist:

(1)

Lots;

(2)

Structures;

(3)

Uses of land; and

(4)

Characteristics of use;

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. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(b)

Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A nonconforming use of structure and land in combination shall not be extended or enlarged after the effective date of this chapter, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

(Code 1999, § 110-121; Ord. No. 2006-01, pt. 2, 3-20-2006)

Where, prior to enactment of this article, permitted uses of land exist which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise permitted, provided:

(1)

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the time of enactment of this article.

(2)

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 time of enactment this article.

(3)

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

(4)

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

(Code 1999, § 110-122; Ord. No. 2006-01, pt. 2, 3-20-2006)

If a permitted use involving an individual structure, or structure and land in combination, exists at the time of enactment of the ordinance from which this article is derived that would not be allowed in the district under the terms of this chapter, the permitted use may be continued so long as it remains otherwise permitted, subject to the following provisions:

(1)

No nonconforming use of individual structure or use of structure and land in combination may be enlarged or altered in a way which increases its nonconformity, but any nonconforming use of individual structure, or of structure and land in combination, may be altered to decrease its nonconformity.

(2)

Should a nonconforming use of an individual structure or any nonconforming portion of such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the regulations of the district in which it is located.

(3)

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

(Code 1999, § 110-123; Ord. No. 2006-01, pt. 2, 3-20-2006)

(a)

No conforming structure shall be erected on the same lot with an existing nonconforming structure until the nonconforming use of the structure has been discontinued and replaced with a conforming use or until the nonconforming structure has been removed from the lot.

(b)

If for any reason a nonconforming use of land or structure within the RM-1 and RM-2 zoning district is discontinued, it shall not thereafter be replaced except in conformity with the regulations of the district in which it is located.

(c)

If for any reason a nonconforming use of an accessory structure within any zoning district ceases or is discontinued, or if there is more than 50 percent destruction of such nonconforming accessory structure as defined in section 110-122(2), it shall not thereafter be replaced except in conformity with the regulations of the district in which it is located.

(Code 1999, § 110-124; Ord. No. 2006-01, pt. 2, 3-20-2006)

(a)

On a 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 25 percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

(b)

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.

(Code 1999, § 110-125; Ord. No. 2006-01, pt. 2, 3-20-2006)