Within the districts established by this title or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this title was passed or amended, but which would be prohibited, regulated or restricted under the terms of this title or future amendments. It is the intent of this title to permit these nonconformities to continue only until they are removed or discontinued, except as otherwise permitted, and not to encourage their survival or allow their renewal once they have been discontinued. It is further the intent of this title 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, except as otherwise specifically permitted herein.

(Ord. 3617, 5-8-1989, eff. 6-1-1989)

Any nonconforming building, structure, or use which existed lawfully at the time of the adoption of this title and which remains nonconforming and any such building, structure, or use which shall become nonconforming upon the adoption of this title or of any subsequent amendment thereto, or upon the annexation of nearby improved property, may be continued subject to the regulations which follow.

(Ord. 3617, 5-8-1989, eff. 6-1-1989)

For the purposes of this chapter, a building, structure or use shall be deemed to be lawfully established or lawfully existing on the date of adoption of this title if it was established or existed pursuant to a building permit which was lawfully issued prior to such date and on which construction was begun within the period of time required by the applicable Building Code.

(Ord. 3617, 5-8-1989, eff. 6-1-1989)

To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this title and upon which actual building construction has been carried on diligently.

(Ord. 3617, 5-8-1989, eff. 6-1-1989)

In any district where open land is being used as a nonconforming use, and such use is the principal use and not accessory to the main use conducted in a building, such use shall be discontinued not later than two years from the date of passage of this title. During the two-year period, such nonconforming use shall not be extended or enlarged, either on the same or adjoining property. Any building incidental and subordinate to such use of land, such as a shed, tool house, storage building, office or trailer, shall be removed at the end of the two-year period, or, if such building is so constructed as to permit the issuance of a permit for a use not excluded from the district, such building may remain as a conforming use; thereafter, both land and building shall be used only for conforming uses.

(Ord. 3617, 5-8-1989, eff. 6-1-1989)

Any lawfully existing building or structure which does not conform with the regulations of the district in which it is located shall be subject to the provisions of this section:

(A)

Repairs and alterations: Ordinary repairs and alterations, but not including reconstruction or replacement, may be made to a nonconforming building or structure, provided that no structural alterations shall be made in or to such 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 those required by law, or except to make the building or structure, and use thereof, conform to the regulations of the district in which it is located. For the purpose of this section, ordinary repairs, as determined by the Building and Zoning Official, shall include the replacement of storage tanks where the safety of operation of the installation require such replacement.

(B)

Additions and enlargements:

1.

Additions to nonconforming structures: 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, shall not be added to or enlarged in any manner unless such nonconforming building or structure, and use thereof, including all additions and enlargements thereto, is made to conform to all the regulations of the district in which it is located;

2.

Additions to nonconforming structures due to bulk: A nonconforming building or structure other than a single-family dwelling, which is nonconforming only as to bulk, shall not be added to or enlarged in any manner unless such additions or enlargements thereto are made to conform to all regulations of the district in which it is located;

3.

Nonconforming single-family dwelling: A single-family dwelling which is nonconforming due to zoning bulk control regulations (setback, lot coverage ratio, height, lot width, lot area) may be modified as outlined in the following table, provided all alterations and additions thereto conform to all regulations in the district in which it is located:

4.

Existing nonconforming lot coverage: An addition above or within the perimeter of an existing structure that has an existing nonconforming lot coverage shall be permitted provided:

(a)

The existing lot coverage ratio does not exceed 25 percent;

(b)

The existing front perimeter wall projects no more than five feet into the minimum required front yard setback for the zoning district;

(c)

The existing side perimeter walls project no more than two feet into the minimum required side yard setback for the zoning district;

(d)

The existing rear perimeter wall projects no more than ten feet into the minimum required rear yard setback for an interior lot or no more than 15 feet for a corner lot;

(e)

That the sum of the first floor area and the second floor area not exceed the equivalent of a 40 percent lot coverage ratio; and

(f)

The addition or alteration is permitted in subsection (B)3. of this section;

(C)

Moving: No building or structure which does not conform to all of the regulations of the district in which it is located, shall be moved in whole or part to any other location unless every portion of such building or structure is moved, and the use thereof is made to conform to all regulations of the district into which it is moved;

(D)

Restoration of damaged nonconforming building: A building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed or damaged by fire 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 will exceed 50 percent of the cost of restoration of the entire building or structure new, shall not be restored unless said building or structure, and the use thereof, shall conform to all regulations of the district in which it is located. In the event that such damage or destruction is less than 50 percent of the cost of restoration of the entire building or structure new, no repairs or restoration shall be made unless such restoration is started within 180 days from the date of the partial destruction and is diligently pursued to completion;

(E)

Restoration of damaged single-family dwelling on substandard sized lot: In the event that a single-family dwelling or structure accessory to a single-family dwelling located on a zoning lot which existed on October 28, 1974, or which was lawfully established thereafter and which has less than the required minimum lot width or area, is destroyed or damaged by fire or other casualty or act of God, the bulk requirements of this title shall not be applicable to the restoration or reconstruction of such single-family residence or accessory structure, provided the restored or reconstructed dwelling or accessory structure is not larger than that which was damaged or destroyed and does not exceed the limits established by the footprint of the original structure;

(F)

Restoration of damaged single-family dwelling on standard sized lot: In the event that a single-family dwelling located on a zoning lot which meets the requirements of this title is destroyed or damaged by fire or other casualty or act of God, the bulk requirements of this title shall not be applicable to the restoration or reconstruction of such single-family residence provided the restored or reconstructed dwelling is within the limits of the original foundation and original building height;

(G)

Discontinuance of use of nonconforming building or structure: A building, structure, or portion thereof, all or substantially all of which is designed or intended for a use not permitted in the district, or which use is permitted only by the granting of a special use permit in the district in which it is located, and: 1) which is vacant, unoccupied, or not used on the effective date of this title and remains vacant, unoccupied, or not used for a continuous period of 180 days thereafter or 2) such a building, structure, or portion thereof which becomes vacant, unoccupied, or not used after the effective date and remains unoccupied, or is not used for a continuous period of 180 days, shall not thereafter be occupied or used except by a use which conforms to the use regulations of the district in which the building or structure is located;

(H)

Change of use in nonconforming building or structure: The nonconforming use of a building or structure may be changed to a use permitted in the district in which it is located.

(Ord. 3617, 5-8-1989, eff. 6-1-1989; amd. Ord. 3815, 2-25-1991; Ord. 3953, 9-28-1992; Ord. 4425, 10-14-1996; Ord. 4673, 12-14-1998, eff. 3-1-1999; Ord. 5035, 1-14-2002, eff. 3-1-2002; Ord. 5543, 1-22-2007; Ord. 6601, 5-14-2018)

The lawfully existing, nonconforming use of part or all 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, may be continued subject to the following provisions:

(A)

Expansion of nonconforming use prohibited: The nonconforming use of part of a building or structure shall not be expanded or extended into any other portion of such building or structure;

(B)

Discontinuance: If a nonconforming use of a building or structure is discontinued for a period of 90 days, it shall not be renewed;

(C)

Change of a nonconforming use: A nonconforming use shall not be changed to another nonconforming use.

(Ord. 3617, 5-8-1989, eff. 6-1-1989)

Existing uses which are special uses under the provisions of this title shall not be nonconforming uses, but shall require a special use permit for any enlargement or extension or intensification or change of use.

(Ord. 3617, 5-8-1989, eff. 6-1-1989)

The causal, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use. The existence of a nonconforming use on part of a lot, tract or parcel shall not be construed to establish a right to extend the nonconforming use to the entire lot, tract or parcel.

(Ord. 3617, 5-8-1989, eff. 6-1-1989)

A use in violation of a provision of ordinance 1904-Z, as amended as of the adoption of this title, shall not be validated by the adoption of this title.

(Ord. 3617, 5-8-1989, eff. 6-1-1989)