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 may be continued.

This title establishes separate zoning districts, each of which is an appropriate area for the location of the uses which are permitted in that zoning 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 continued without restriction. (Ord. O-9-17-3, 9-18-2017)

Any nonconforming building or structure which existed lawfully at the time of the adoption of this title and which remains nonconforming, and any such building or structure which shall become nonconforming upon the adoption of this title or of any subsequent amendment thereto, may be continued in accordance with the regulations which follow:

   (A)   Repairs And Alterations:

      1.   Buildings Or Structures Intended For A Nonconforming Use: Ordinary repairs and alterations may be made to a nonconforming building or structure which existed lawfully at the time of the adoption of this title and which remains nonconforming, and any such building or structure which shall become nonconforming upon the adoption of this title or of any subsequent amendment thereto, may be continued only in accordance with the regulations which follow:

         (a)   A building in a residential district containing nonconforming uses may be repaired or altered to improve livable and health conditions, provided no changes are made that would increase the number of dwelling units or the bulk of the building.

      2.   Building Or Structure Intended For A Permitted Use: Ordinary repairs and structural changes may be made to a nonconforming 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; provided said repairs, alterations or structural changes conform to the regulations of the district in which said building or structure is located.

   (B)   Additions And Enlargements: 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.

   (C)   Moving Of Building Or Structure: 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 in part to any other location unless every portion of such building or structure is moved or removed 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 Or Structure:

      1.   Nonresidential Buildings And Structures: A building or structure, which is not used for a single-family residence in the R-1 District, all or substantially all of which is designed or intended for a nonconforming use, 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 fifty percent (50%) of the cost of restoration of the entire building or structure new, shall not be restored, unless said building or structure shall conform to all site and structure requirements of the district in which it is located. In the event that such damage or destruction is less than fifty percent (50%) of the cost of restoration of the building or structure, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of the partial destruction and is completed within the time frame as specified under the permit issued.

      2.   Single-Family Residential Uses: A legally existing single- family residential building or structure in the R-1 Zoning District, the building or structure, its lot and/or foundation upon which it sits being nonconforming because of its size, shape and/or setback, which is destroyed or damaged by fire or other casualty or act of God, may be restored upon its existing foundation (or foundation footprint). Such a restoration shall not increase the bulk of the building, but shall restore it to its original size and appearance. No repairs or reconstruction shall be made unless such repairs or reconstruction are started within one year of the date of damage or destruction and is completed within the time frame as specified under the permit issued.

   (E)   Discontinuance Of Use Of Nonconforming Building Or Structure: A building, structure or portion thereof, all or substantially all of which is not permitted in the district in which it is located, and is vacant, unoccupied and not used on the effective date of this title or thereafter becomes vacant and remains unoccupied or is not used for a continuous period of one year shall not thereafter be occupied or used except by a use which conforms to the use regulations of the district in which it is located. Such change shall be made after a public hearing in conformance with chapter 14 of this title.

   (F)   Expansion Of Use In Nonconforming Building Or Structure: The nonconforming use of a part of a building or structure may be expanded within the building or structure in which said use is presently located, but no changes and alterations will be permitted unless such changes and alterations, and the use thereof, conform to all the regulations of the district in which the building or structure is located.

   (G)   Change Of A Nonconforming Use In Nonconforming Building Or Structure: The nonconforming use of a building or structure may be changed to any other permitted use in the district in which it is located; but no change shall extend or otherwise modify any provision made in this title for elimination of such nonconforming buildings or structures, and the use thereof. Once a change has been made to a permitted use, no change can be made back to the previous nonconforming use. No nonconforming use shall be changed to another nonconforming use. (Ord. O-9-17-3, 9-18-2017)

The 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 land, may be continued subject to the principal use of the land and subject to the following provisions:

   (A)   Expansion Of Nonconforming 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 into any other portion of such building or structure.

   (B)   Discontinuance: If a nonconforming use 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, is discontinued for a period of one year, it shall not be renewed, and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located. Such change shall be made after public hearing in conformance with chapter 14 of this title.

   (C)   Change Of Nonconforming Use: No nonconforming use shall be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.

   (D)   Change To A Conforming Use: Whenever all or any 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, is occupied by a nonconforming use and is subsequently changed to or replaced by a use conforming to the provisions of this title, such premises shall not thereafter be used or occupied by a nonconforming use. (Ord. O-9-17-3, 9-18-2017)

The 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 land, may be continued subject to the principal use of the land and subject to the following provisions:

   (A)   Expansion: A nonconforming use of land shall not be expanded or extended beyond the area it occupies.

   (B)   Discontinuance: If a nonconforming use of land is discontinued for a period of one year, it shall not thereafter be renewed, and any subsequent use of land shall conform to the regulations of the district in which the land is located. Such change shall be made after a public hearing in conformance with chapter 14 of this title. (Ord. O-9-17-3, 9-18-2017)

Any nonconforming building, structure or use may be converted to a permitted "special use" by the granting of a special use permit, as authorized in chapter 14 of this title. (Ord. O-9-17-3, 9-18-2017)

Developments that have obtained preliminary and final approval at the time this title is adopted, may be developed as a legal nonconforming use, lot, or building per the zoning regulations in effect at the time of approval. However, developments having only preliminary approval prior to the adoption of this title must actively petition for final approval of the entire project within one year from the date on which preliminary approval was granted, in order to proceed with the development in accordance with the zoning regulations, except for yard requirements which shall comply with the provisions set forth in this chapter. (Ord. O-9-17-3, 9-18-2017)