(A)   Any lawfully established use of a building or land, at the effective date of this Title or of amendments thereto that does not conform to the use regulations for the zoning district in which it is located shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein.

   (B)   Except as otherwise permitted herein, any legal nonconforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

   (C)   Any building for which a permit has been lawfully granted prior to the effective date of this Title, or of amendments thereto, may be completed in accordance with the approved plans; provided, construction is started within six (6) months and diligently prosecuted to completion. The building shall thereafter be deemed a legal nonconforming use. (Ord. 1973, 1-6-1997)

   (A)   Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this Title, such premises shall not thereafter be used or occupied by any nonconforming use.

   (B)   Whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of twelve (12) consecutive months, or for a period of twenty four (24) consecutive months if the building was originally designed and constructed for a nonresidential use, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not after being discontinued or abandoned be reestablished, and the use of the premises thereafter shall conform with the use regulations of the zoning district in which it is located.

   (C)   Except as provided in Chapter 13, Part J, where no enclosed building is involved, discontinuance of a nonconforming use for a period of six (6) consecutive months shall constitute abandonment.

   (D)   A nonconforming use not authorized by the provisions of the Zoning Ordinance in effect at the time the original Zoning Ordinance or any amendments thereto became effective shall be discontinued and not reestablished. (Ord. 1973, 1-6-1997)

   (A)   A nonconforming use of a building or structure, or part thereof, may be changed to a use of the same or of a more restricted character, but may not thereafter be changed to any less restricted use, except as provided in Chapter 13, Part J.

   (B)   Except as provided in Chapter 13, Part J, any part of a building, structure or land occupied by a nonconforming use which is changed to or replaced by a use conforming to the provisions of this Title shall not thereafter be used or occupied by a nonconforming use. (Ord. 1973, 1-6-1997)

   (A)   Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations.

   (B)   No structural alterations shall be made to a building or other structure containing a nonconforming use, except in the following situations:

      1.   When the alteration is required by law.

      2.   When the alteration will actually result in eliminating the nonconformity.

      3.   A building containing a residential nonconforming use may be altered in any way to improve livability; provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.

      4.   Except as provided in Chapter 13, Part J, no nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed at the effective date of this Title, or any amendments thereto, or to displace any conforming use in the same building, or on the same building, or on the same parcel. Any nonconforming use, however, may be expanded or enlarged within the boundaries of its zoning lot so long as such expansion or enlargement does not occupy any required usable open space on the lot.

   (C)   Any structure constructed in conformance with the bulk and setback regulations in effect prior to the effective date of this Title shall not become nonconforming as a result of the application of the new bulk and setback regulations in this Title. However, except as provided in Section 6-4-9, any addition or enlargement to a nonconforming structure must be made in conformance with the bulk and setback regulations of the zoning district in which it is located. (Ord. 1973, 1-6-1997)

   (A)   If a nonconforming building or other structure is partially or totally damaged or destroyed by any means the building or other structure may be reconstructed or restored in the same location in which the building or other structure existed prior to the total or partial destruction. The occupancy or use of the building which existed at the time of total or partial destruction may be continued in accordance with the regulations of this Chapter 4.

   (B)   Replacement, alteration or repair of the building or other structure must be started within a period of one (1) year of the event and diligently prosecuted to completion. Failure to initiate or conclude restoration within these limits shall constitute abandonment as defined in Section 6-4-2. (Ord. 1973, 1-6-1997)

Except as provided in Chapter 13, Part J, and in Section 6-4-7.1 below, no principal use or structure shall be established on a lot of record unless the lot conforms with the lot area and lot width requirements established in this Title for the zoning district in which it is located. (Ord. 1973, 1-6-1997; amd. Ord. 2094, 6-15-98)

   (A)   No variation from the restriction in Section 6-4-6 above shall be granted unless the property owner can demonstrate that the following standards have been met, in addition to the general standards for granting a variation set forth in Section 6-13-39 of this Title:

      1.   The lot met the lot area and lot width requirements of the zoning ordinances in effect at the time the owner acquired the lot and qualifies for a variation under Section 6-13-40; and

      2.   At no time after October 6, 1980 was the lot held in common ownership with any abutting land which, in combination with the lot in question, would create a building site meeting the lot area and lot width requirements of the zoning district in which it is located; and

      3.   Over fifty percent (50%) of the lots within five hundred feet (500’) of the lot in question have been developed as individual building sites, containing one principal building or structure each, which do not meet the lot width or lot area requirement for the zoning district in which they are located; and the owners of abutting lots refuse to sell or convey portions of those lots that could be added to the lot in order to make it meet the area and width requirements without reducing the lot area, lot width, and yards required by this Title for any such abutting lot. (Ord. 1973, 1-6-1997; amd. Ord. 2094, 6-15-98)

   (A)   It shall not be necessary to obtain a variation from the restrictions contained in Section 6-4-6 if a property owner can demonstrate to the Building Inspector that the following standards have been met:

      1.   The lot on which the structure is to be established conformed to the lot area and the lot width requirements of the zoning ordinance in effect at the time the lot was platted; and

      2.   The lot dimensions are not less than fifty feet by one hundred feet (50’ by 100’); and

      3.   The lot is in an R-1 district. (Ord. 1973, 1-6-1997; amd. Ord. 2094, 6-15-98)

   (A)   Except as provided in Chapter 13, Part J, the period of time during which the following nonconforming uses, buildings, or structures may continue or remain shall be limited to two (2) years from the effective date of this Title, or of any amendment thereto which causes the use to be nonconforming. Every such nonconforming use shall be completely removed from the premises at the expiration of the two (2) year period.

      1.   Any nonconforming building or structure having an assessed valuation not in excess of One Thousand Dollars ($1000.00) on the effective date of this Title.

      2.   Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building.

   (A)   Wherever a lawfully existing building, use or other structure otherwise conforms to the use regulations of this Title, but is nonconforming only in the particular manner specified below, the building, and use thereof shall be exempt from the requirements of Section 6-4-5.

      1.   In any residential district, where a dwelling is nonconforming only as to the number of dwelling units it contains; provided, no such building shall be altered in any way so as to increase the number of dwelling units therein.

      2.   In any R-3 District, where a use permitted in B-1 District occupies ground floor space with a multiple-family dwelling located on a corner lot.

      3.   In any business or manufacturing district, where the use is less distant from a residential district than that specified in the regulations for the district in which it is located. (Ord. 1973, 1-6-1997)