This Title establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures, and uses which substantially and adversely affect the orderly development and taxable value of other property in the district not be permitted to continue without restriction.

The purpose of this Chapter is to provide for the regulation of nonconforming buildings, structures, and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures, and uses shall be permitted to continue. (Ord. 0-03-00, 4-3-2000)

Any nonconforming building, structure or use which existed lawfully at the time of the effective date hereof, and which remains nonconforming, and any such building, structure, or use which shall become nonconforming upon the adoption of these zoning regulations, or of any subsequent amendment thereto, may be continued in accordance with the regulations which follow.

No building, structure, or use which was not lawfully existing at the time of the effective date hereof which does not conform to the requirements of this Title shall become or be made lawful solely by reason of the adoption of these regulations; and to the extent that, and in any manner that, said unlawful building, structure, or use is in conflict with the requirements of this Title, said building, structure, or use remains unlawful hereunder. (Ord. 0-03-00, 4-3-2000)

   (A)   Nonconforming Use In A Nonconforming Building Or Structure: Ordinary repairs and alterations may be made to a nonconforming building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except alterations which increase the bulk of the building or structure, unless they are required by law or are necessary to make the building or structure and the use thereof conform to the regulations of the district in which it is located.

   (B)   Conforming Use In A Nonconforming Building, Or Structure: Repairs and alterations may be made to a nonconforming building or structure, including those which increase the bulk of the building, all or substantially all of which is designed or intended for a use permitted in the district in which it is located, and which is so used, provided said repairs or alterations conform to the regulations of the district in which said building or structure is located. Except that, additions may be made to existing nonconforming residential structures, including accessory structures, provided the addition extends no further than the existing nonconforming front, side, or rear yard for the lot.

   (C)   Safety Of The Building: Nothing in this Title shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by the Zoning Enforcement Officer.

   (D)   Reconstruction, Repairing, And Rebuilding Of A Nonconforming Building Or Structure: Nothing in this Title shall prevent the reconstruction, repairing, or rebuilding of a nonconforming building, structure, or part thereof existing at the effective date hereof, rendered necessary by wear and tear, deterioration, or depreciation, provided the cost of such work shall not exceed fifty percent (50%) of the fair-market value of such building or structure at the time such work is done, nor prevent compliance with the provisions of the building code relative to the maintenance of buildings or structures. (Ord. 0-03-00, 4-3-2000)

A nonconforming building or structure which is destroyed or damaged by fire, collapse, explosion, or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the fair-market value of the building or structure at the time of destruction or damage shall not be restored unless said building or structure, and the use thereof, shall conform to all of the regulations of the district in which it is located.

In the event such damage or destruction is less than fifty percent (50%) of the fair-market value of the building or structure, no repairs or reconstruction shall be made unless such restoration is started within six (6) months from the date of partial destruction, restoration proceeds and does not cease for any period of sixty (60) days and completion is accomplished within twenty four (24) months from the date of partial destruction.

Where a building or structure may not be rebuilt as provided above, it shall be removed and the area cleared within sixty (60) days after the date at which demolition shall be the required disposition. (Ord. 0-03-00, 4-3-2000)

   (A)   Nonconforming Use In A Conforming Building Substantially Designed Or Intended For A Nonconforming Use: The nonconforming use of part of a building or structure, all or substantially all of which building and structure is designed or intended for a use not permitted in the district in which it is located, may be extended throughout the building or structure in which said use is presently located, but no changes or structural alterations which increase the bulk of the building or structure shall be made unless such changes or structural alterations conform to all the regulations of the district in which the building is located.

   (B)   Nonconforming Use In A Conforming Building Substantially Designed Or Intended For A Conforming Use: The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.

   (C)   Nonconforming Use (Not In Connection With A Building Or Structure): Except as otherwise provided by case law, a nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be expanded or extended beyond the area it occupies. (Ord. 0-03-00, 4-3-2000)

   (A)   Nonconforming Use In A Building Or Structure Designed Or Intended For A Nonconforming Use: An existing nonconforming use of a structure or building, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be changed to another nonconforming use of a similar or more restricted classification, provided that the change is accomplished in accordance with subsections 5A-4-3-1(A) and 5A-4-3-3(A) of this Chapter.

   (B)   Nonconforming Use In A Building Or Structure Designed Or Intended For A Conforming Use: No nonconforming use of a building or structure, all or substantially all of which is designed or intended for a use permitted in the district in which it is located, shall be changed to another nonconforming use.

   (C)   Nonconforming Use (Not In Connection With A Building Or Structure): Except as otherwise provided by case law, a nonconforming use of land not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be changed to any other use except to a use permitted in the district in which the land is located.

   (D)   Nonconforming Use Changed To More Restrictive Nonconforming Or Conforming Use: Whenever a nonconforming use of a building or structure has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. (Ord. 0-03-00, 4-3-2000)

No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located. (Ord. 0-03-00, 4-3-2000)

A nonconforming use of a building, structure, or premises which has been discontinued shall not thereafter be returned to such nonconforming use, and any subsequent use of the building, structure or land shall conform to the use regulations of the district in which such building, structure or land is located. A nonconforming use shall be considered abandoned or discontinued:

   (A)   When the intent of the owner to discontinue the use is apparent; or

   (B)   When the characteristic equipment and the furnishings of the nonconforming use have been removed and have not been replaced by similar equipment within one year; or

   (C)   When the building, structure, or premises are left vacant for a continuous period of six (6) months; or

   (D)   When the use has been replaced by a conforming use. (Ord. 0-03-00, 4-3-2000)