It is recognized that there exist within the districts established by this Zoning Code and subsequent amendments, lots, structures, and uses of land and structures which were lawful before this Zoning Code was passed or amended which would be prohibited, regulated, or restricted under the terms of this Zoning Code or future amendments.

   It is the intent of this Zoning Code to permit legal nonconforming lots, structures, or uses to continue until they are removed, but not to encourage their survival.

   Such uses are declared by this Zoning Code to be incompatible with permitted uses in the districts involved. 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.

   A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land, shall not be extended or enlarged after passage of this Zoning Code by attachment on a building or premises, or by addition of other uses of a nature which would not be permitted generally in the district involved.

   To avoid undue hardship, nothing in this Zoning Code shall be deemed to require a change in the plans, construction or designated use or any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Zoning Code and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

(1975 Code § 5.115) (Ord. 500. Passed 5-7-13.)

   (a)   Unless otherwise defined in this Chapter, all permitted principal and special land uses except for those land uses for which a minimum lot size is specified in this Zoning Code and customary accessory structures may be erected on any single lot of record or the effective date of adoption or amendment of this Zoning Code. 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 yard dimensions, including minimum setbacks and lot coverage and other requirements not involving area or width, or both, of the lot, shall conform to the regulations for the district in which such lot is located.

   (b)   In any district in which single family dwellings are permitted the following regulations shall apply if two or more lots, or combinations or portions of lots, which are non-conforming, are held in common ownership.

      (1)   If two or more lots, or combination of lots or portions of lots, located adjacent to each other are at any time held in common ownership, and if all or part of such lots do not satisfy the minimum requirements for a buildable lot in the zoning district in which they are located, then all of such lots shall automatically be considered to be combined for zoning purposes into one conforming lot, or one lot that is more nearly conforming than the individual lots. Such lots shall comply with the setback requirements contained in Appendix I, Schedule of Regulations herein.

      (2)   Each individual lot which has been combined for zoning purposes under division (b)(1) of this section shall cease to be considered a separate lot of record, and shall no longer be considered to be a buildable lot.

      (3)   Lots combined for zoning purposes pursuant to this section shall not thereafter be split, re-divided, or otherwise reduced in area unless all of the resulting lots comply with the minimum lot area requirement for a buildable lot in the district in which the land is located unless a lot is divided and legally combined with an adjacent lot or lots, provided, however, in the case of a platter lot being divided and combined with an adjacent lot or lots, such division shall be subject to the provisions of Chapter 1210 Land Division of this City Code.

      (4)   If two or more lots, or combination of lots or portions of lots, located adjacent to each other are at any time held in common ownership, then a single-family dwelling and a customary accessory building may be erected on any such lots, but the applicable regulations pertaining to required minimum front and rear yard setbacks, maximum building height limitations and required minimum side yards, shall be satisfied.

   (a)   Where, on the effective date of adoption or amendment of this Zoning Code, lawful use of land exists that is made no longer permissible under the terms of this Zoning Code as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

      (1)   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 adoption or amendment of this Zoning Code.

      (2)   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on the effective date of adoption or amendment of this Zoning Code.

   (b)   No existing structure devoted to a use not permitted by this Zoning Code 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 of the structure to a use permitted in the district in which it is located.

   (c)   Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this Zoning Code, but no such use shall be extended to occupy and land outside such building.

   (d)   A nonconforming use may be changed to another nonconforming use of equal or less nonconformity, subject to the prior approval of the Zoning Board of Appeals following a public hearing as required by Section 1244.07 of this chapter. The Zoning Board of Appeals may approve such change only if it complies with all of the following standards:

      (1)   The proposed use is comparable to or more conforming than the existing use in terms of its operations and compatibility with the character of the area in which it is located;

      (2)   The proposed use does not increase the degree of nonconformity existing prior to such change of use;

      (3)   No structural alteration of the existing structure will be required to accommodate the new use.

      (4)   In permitting such change, the Zoning Board of Appeals may require conditions and safeguards in accordance with the purpose and intent of this Zoning Code.

   (e)   The operations associated with a nonconforming use shall not be changed so as to create or increase noise, smoke, dust or other adverse effects.

   (f)   A nonconforming use located in a conforming building or structure shall not be re-established if the building or structure is damaged by fire, wind, act of God or other calamity to the extent that the replacement cost of the building or structure exceeds 60% of the fair market value of the building or structure prior to such damage or destruction. The fair market value shall be as determined by the Community Development Director or their agent.

(1975 Code § 5.117) (Ord. 500. Passed 5-7-13.)

   Where a lawful structure exists on the effective date of adoption or amendment of this Zoning Code that could not be built under the terms of this Zoning Code by reason of restrictions on area, lot coverage, heights, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful.

   (a)   A nonconforming building, structure, parking area, or site may be changed so as to make it more closely conforming to this Zoning Code, if that change does not increase the nonconformity in any other aspect.

   (b)   A nonconforming building or structure may be expanded provided the expansion conforms in all respects to the requirements of this Zoning Code and does not increase the nonconformity of the building or structure. For example, a building which is nonconforming as it is closer to the side lot line than permitted by this Zoning Code may be expanded along the same plane of the building but the expansion shall be no closer to the side lot line than the existing building.

   (c)   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 removed.

(1975 Code § 5.118) (Ord. 500. Passed 5-7-13.)

   If a nonconforming use is abandoned for any reason for a period of more than one year, any subsequent use shall conform to the requirements of this Zoning Code. A nonconforming use shall be determined to be abandoned if one or more of the following conditions exist and shall be deemed to constitute intent on the part of the property owner to abandon the nonconforming use:

   (a)   Utilities, such as water, gas and electricity to the property, have been disconnected;

   (b)   The property, buildings and grounds, have fallen into disrepair;

   (c)   Signs or other indications of the existence of the nonconforming use have been removed;

   (d)   Removal of equipment or fixtures which are necessary for the operation of the nonconforming use;

   (e)   Non-payment of property taxes;

   (f)   Other actions, which in the opinion of the Community Development Director constitute an intention of the part of the property owner or lessee to abandon the nonconforming use.

(1975 Code § 5.119) (Ord. 500. Passed 5-7-13.)

   (a)   In the event any nonconforming building or structure is damaged by fire, wind, act of God or other calamity, it may be rebuilt or restored in the same configuration as existed before the damage occurred if the replacement cost thereof does not exceed 60% of the fair market value of the nonconforming building or structure, exclusive of the foundation, prior to its damage or destruction. The fair market value shall be as determined by the Community Development Director or their agent.

   (b)   In the event any nonconforming building or structure is damaged by fire, wind, act of God or other calamity to the extent that the replacement cost of the nonconforming building or structure exceeds 60% of the fair market value of the building or structure, exclusive of the foundation, prior to such damage or destruction, the building or structure may be rebuilt or restored only in accordance with the requirements of this Zoning Code. The fair market value shall be as determined by the Community Development Director or their agent.

   However, the Zoning Board of Appeals may approve the re-establishment of such nonconforming building or structure, after a public hearing is held in accordance with the requirements of Section 1244.07 of this chapter, but only to the extent necessary to provide the minimum reasonable use of the building or structure. In considering the approval of any such re-establishment of a nonconforming building or structure, the Zoning Board of Appeals may impose reasonable terms and conditions and shall not permit an increase in the nonconformity.

   (c)   Nothing in this Zoning Code shall be deemed to prevent the normal repairs and maintenance on any nonconforming building or structure or prevent the strengthening or correcting of any unsafe condition of the building or structure.

(1975 Code § 5.120) (Ord. 500. Passed 5-7-13.)

   Any use for which a special exception is permitted as provided in this Zoning Code shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such district.

(1975 Code § 5.121) (Ord. 500. Passed 5-7-13.)

   There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and structures and land in combination.

(1975 Code § 5.122) (Ord. 500. Passed 5-7-13.)