(A)

Intent of regulations.

(1)

Existence of nonconformities. Within the districts established by this ordinance or amendments that may later be adopted, there exist (1) structures, (2) uses of land and/or structures, and (3) characteristics of use which were lawful before the effective date of this ordinance or of amendment thereto, but which would be prohibited, regulated or restricted under the terms of this ordinance or of 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 upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

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

(2)

Construction begun prior to ordinance. To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun prior to the effective date of this ordinance or of amendment thereto 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 structure 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.

(B)

Nonconforming uses of land (or with minor structures only).

(1)

Continuance. Where a lawful use of land exists on the effective date of this ordinance or of amendment thereto, which use would not be permitted by the regulations imposed by this ordinance or by amendment thereto, and where such use involves no individual structure with a replacement cost exceeding one thousand dollars ($1,000.00), the use may be continued so long as it remains otherwise lawful.

(2)

Enlargement. No such nonconforming use shall be enlarged or increased; nor extended to occupy a greater area of land than was occupied on the effective date of this ordinance or of amendment thereto. No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such nonconforming use of land.

(3)

Extension or movement. No such nonconforming use shall be extended or moved to any portion of the premises or parcel of land other than that occupied by such use on the effective date of this ordinance or of amendment thereto.

(4)

Change in use. No such nonconforming use of land shall be changed to any other nonconforming use.

(5)

Cessation. If any such nonconforming use of land ceases for any reason for a period of more than thirty (30) 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.

(C)

Nonconforming structures.

(1)

Continuance. Where a lawful structure exists on the effective date of this ordinance or of amendment thereto and which structure could not be built under the terms of this ordinance or amendment thereto by reason of restrictions of area, building site, coverage, height, yards, location on the building site, or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful.

(2)

Enlargement. No such nonconforming 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.

(3)

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

(4)

Replacement. Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.

(D)

Nonconforming uses of structures (or structures and premises).

(1)

Continuance. Where a lawful use of a structure, or of structures and premises in combination, exists on the effective date of this ordinance or of amendment thereto, which use would not be permitted by the regulations imposed by this ordinance or by amendment thereto, and where such structures have a replacement cost of one thousand dollars ($1,000.00) or more, the use may be continued so long as it remains otherwise lawful.

(2)

Enlargement. No existing structure devoted to a use not permitted by this ordinance or by amendment thereto 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.

(3)

Extension. Any nonconforming use may be extended throughout any parts of a structure that were manifestly arranged or designed for such use on the effective date of this ordinance or of amendment thereto, but no such use shall be extended to occupy any land outside such structure.

(4)

Change in use. In any structure, or structure and premises in combination, where a nonconforming use is superseded by a permitted use, no nonconforming use shall thereafter be resumed.

(5)

Cessation. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three-year period (except when government action impedes 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.

(6)

Replacement. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this section is defined as damage to an extent of more than fifty (50) percent of the replacement cost at the time of destruction.

(E)

Nonconforming characteristics of use.

(1)

Continuance. Where lawful characteristics of use, such as off-street parking and loading, lighting, or other matters pertaining to the use of land, exist on the effective date of this ordinance or of amendment thereto, which characteristics would not be permitted by the regulations imposed by this ordinance or by amendment thereto, the characteristics of use may be continued so long as they remain otherwise lawful.

(2)

Change in characteristics of use. No change shall be made in such characteristics of use that increases nonconformity, but change may be made which decreases such nonconformity.

(F)

Repairs and maintenance.

(1)

Ordinary maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any twelve (12) consecutive months on ordinary repairs, or on repair and replacement of non load-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten (10) percent of the current replacement cost of the nonconforming structure or the portion of the structure, as the case may be, provided that the cubic content existing when the structure or portion thereof became nonconforming shall not be increased.

(2)

Unsafe structures. 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.

(G)

Uses requiring special exceptions.

(1)

Existing uses. Any lawful use existing on the effective date of this ordinance or of amendment thereto, and which would be a special exception use under the terms of this ordinance or amendment thereto, is, without further action, conforming under these provisions.

(2)

Authorized uses. Any lawful use which is permitted as a special exception under the terms of this ordinance shall, without further action, be considered a conforming use.