(a)

Within the districts established by these land development regulations or amendments hereof, there exist lots, structures, and uses of land and structures which were lawful before this subpart was passed or amended, but which are prohibited in the future under the terms of these land development regulations.

(b)

It is the intent of this article to permit nonconforming uses and structures which create relatively minor friction to continue until they are removed by economic or other forces. It is not the intent of this article to encourage the survival of these nonconformities since it has been determined that they are incompatible with the character of the districts involved or to permit nonconformities to be enlarged upon, expanded, or extended. Existing nonconforming uses and structures shall not be used to justify adding structures or uses prohibited elsewhere in the same district.

(c)

To avoid undue hardship, nothing in this article shall be deemed to require a change in the plans, construction or design or designated use of any structure on which actual construction was lawfully begun prior to the effective date of the ordinance from which these land development regulations are derived or amendment hereto and upon which actual building construction has been diligently carried on.

(LDR 2002, § 28.01)

(a)

Notwithstanding limitations imposed by other provisions of these land development regulations except as provided below, a building and customary accessory buildings may be erected on any lot of record as of April 25, 1986. This provision shall apply even though such lot fails to meet requirements for area or width or both that are applicable in the district, providing that the building setbacks and other requirements shall conform to the regulations for the district in which such lot is located. However, this provision shall not apply to two or more nonconforming undeveloped lots or combinations or portions of undeveloped lots with continuous frontage on a street in single ownership and of record as of the date these regulations were adopted.

(b)

Where enforcement of this subsection results in unnecessary hardship, the property owner may apply to the city council for variance.

(LDR 2002, § 28.02)

Where a lawful structure exists at the time of passage or amendment of these regulations by reason of restrictions on area, lot coverage, height or other reasons, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such structure may be enlarged, altered or changed in a way which increases its nonconformity. An addition or improvement to a nonconforming structure may be made, providing the addition meets the requirements of these land development regulations.

(2)

Should such structure be damaged by any means to an extent of more than 50 percent of the current market value, it shall not be reconstructed or repaired except in conformity with the provisions of these land development regulations.

(3)

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

(4)

For any structure which is nonconforming as to off-street parking, if remodeling or alteration increases requirements for off-street parking, additional off-street parking shall be provided sufficient to meet the additional requirements created by the remodeling or alteration.

(LDR 2002, § 28.03)

If a lawful use of a structure, or of a structure and premises in combination, exists at the time of passage of the ordinance from which these land development regulations are derived, but is a nonconformity under the provisions of these land development regulations, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in a manner in compliance with all applicable district regulations and provisions of these land development regulations.

(2)

Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance from which these land development regulations are derived, but no such use shall be extended to occupy any land outside such building. However, alterations to residential buildings which would increase the density of use are prohibited.

(3)

If a nonconforming use of a structure, or structure and premises, is abandoned or discontinued for a period of six months or more, the use of the structure and premises in combination shall thereafter conform to the regulations for the district in which the structure is located.

(4)

Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land, and such land may thereafter be used only for uses permitted or permissible in the district in which it is located.

(5)

Where a nonconforming use of a structure, or structure and premises in combination, is changed to a conforming use, the nonconforming use shall not thereafter be reestablished.

(6)

Where a nonconforming use involves operation or storage of equipment or machinery in an enclosed structure, such equipment or machinery may be replaced, provided that the new equipment or machinery conforms in the characteristics of its operation to performance standards as established for the district. However, this shall not apply to the outside storage of equipment, vehicles, machinery and the like.

(7)

For purposes of this section, the outside storage of vehicles, equipment, machinery and parts thereof, and the operation of a junkyard or vehicle storage yard, shall not be considered a valid nonconforming use in accordance with this section and these land development regulations.

(8)

Should such structure be damaged by any means to an extent of more than 50 percent of the current market value, it shall not be reconstructed or repaired except in conformity with the provisions of these land development regulations.

(LDR 2002, § 28.04)