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

   (a)   Lots;

   (b)   Structures; and

   (c)   Uses of land and/or structures which were lawful before this Zoning Code was passed or amended, but which do not conform to regulations and restrictions under the terms of this Zoning Code or future amendments thereto. It is the intent of this Zoning Code to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Zoning Code 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.

   In any district, permitted structures may be erected or enlarged on any single lot of record, notwithstanding limitations imposed by other provisions of this Zoning Code. Such lot of record must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that setback dimensions and requirements other than those applying to area or width, or both, shall conform to the regulations for the district in which such lot is located, and provided, further, that the width of such lot shall be at least forty feet. A variance of setback requirements shall be obtained only through action of the Board of Zoning Appeals.

   Any nonconforming lot less than forty feet in width may be used as a building site only upon written application to the Board of Zoning Appeals. The Board may permit the use of such premises, provided that the applicant demonstrates to the satisfaction of the Board that the proposed use is the only reasonable use of said lot. In making the determination, the Board may require evidence that an attempt to comply with this Zoning Code has been made by means of bona fide offers to either acquire or dispose of the land.

   No lot or parcel or portion thereof shall be used or sold in a manner that diminishes compliance with the lot width and area requirements established by this Zoning Code, nor shall any division be made which creates a lot width or area below the requirements stated in this Zoning Code, except as provided in Section 1280.07.

(Ord. 2337. Passed 10-20-92.)

   Where, at the time of passage of this Zoning Code or any amendments thereto, lawful use of land and/or structures exists which would not be permitted by this Zoning Code, the use may be continued as long as it remains otherwise lawful, provided that:

   (a)   No such nonconforming use and/or structure shall be enlarged or increased, nor extended, to occupy a greater area of land than was occupied on the effective date of the adoption or amendment of this Zoning Code, unless said enlargement does not result in an increase in the nonconformity or results in a change to a use permitted in the district;

   (b)   No such nonconforming use and/or structure shall be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such use and/or structure on the effective date of adoption or amendment of this Zoning Code, unless said move results in decreasing the degree of nonconformity or results in conformity with the requirements for the district;

   (c)   No additional structure not conforming to the requirements of this Zoning Code shall be erected in connection with such nonconforming uses of land. No additional uses of a nature which would be prohibited generally in the district involved shall be permitted;

   (d)   Any nonconforming use may be extended throughout any parts of a building which were arranged or designed for such use at the time of adoption or amendment of this Zoning Code, but no such use shall be extended to occupy any land outside such building; and

   (e)   If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may, as a special exception, be changed to another nonconforming use, provided that the Planning Commission, either by general rule or by making findings in the specific area, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Planning Commission may require appropriate conditions and safeguards in accordance with the provisions of this Zoning Code.

(Ord. 2337. Passed 10-20-92.)

   On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement cost to 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.

   If a nonconforming structure or portion of a structure, or a structure or portion thereof 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, rebuilt or used, except in conformity with the regulations of the district in which it is located.

   Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Ord. 2337. Passed 10-20-92.)

   On nonconforming lots which have less area than required and where the lot is less than 200 feet in depth, the rear setback may be reduced in proportion to the ratio of the depth of the lot of 200 feet, provided, however, that in no instance shall the rear setback be less than twenty feet.

(Ord. 2337. Passed 10-20-92.)

   On existing streets where fifty percent of any block has been developed with dwellings having front setbacks less than that required by this Zoning Code, the average of the existing setbacks shall determine the minimum setback for the remainder of the block.

(Ord. 2337. Passed 10-20-92.)

   Duplex structures which lawfully existed within a duplex zoning classification prior to the adoption of this Zoning Code, and which would become nonconforming uses by reason of its adoption, shall not be considered to be nonconforming.

(Ord. 2337. Passed 10-20-92.)