Where uses and/or lots were lawful before this Zoning Code was passed or amended, but are prohibited under the terms of this Zoning Code, the legitimate interest of those who lawfully established such nonconformities are herein recognized by providing for their continuance, subject to regulations limiting their completion, restoration, reconstruction, extension and substitution. It is the intent of this Zoning Code that such nonconformities be allowed to continue until destroyed or discontinued, but they shall not be encouraged to survive. Therefore, a nonconformity may not be moved (except to a district in which it is a permitted use), extended, altered and/or expanded, nor may it be used as grounds to establish any other use prohibited elsewhere in the district, except as otherwise specifically provided for in this chapter.

(Ord. 186-91. Passed 10-15-92.)

   Any use that is permitted as a conditional use in a zoning district shall not be deemed a nonconforming use in such district but, without further action, shall be considered a conforming use.

(Ord. 186-91. Passed 10-15-92.)

   Nothing contained in this Zoning Code shall be construed to require any change in the layout, plans, construction and/or size of any use for which a zoning permit became effective prior to the effective date of this Zoning Code, or prior to any amendment to this Zoning Code, that would make a lawfully established use a nonconforming use. If actual construction has not begun by the time of the expiration of the zoning permit, the ability to make changes to a nonconforming use expires with the zoning permit. Actual construction includes the placing of construction materials in permanent position and fastening the same in a permanent manner. Where fifty percent of the gross floor area of an existing structure has been demolished or removed preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently.

(Ord. 186-91. Passed 10-15-92.)

   The Zoning Administrator may (upon his or her own initiative) or shall (upon the request of any owner) issue a certificate for any use that is a valid nonconforming use. The certificate shall specify the reason why the use is a nonconforming use, including a description of the extent and kind of use made of the lot in question, the portion of the structure and/or lot used for the nonconforming use and the extent to which dimensional or other requirements are nonconforming.

   It is the responsibility of the property owner to provide proof that the nonconforming use was a lawfully pre-existing use.

   Because the intent of this section is to protect the owners of lands or structures that are or become nonconforming, no fee shall be charged for such a certificate. One copy of the certificate shall be returned to the owner and one copy shall be retained by the Zoning Administrator, who shall maintain (as a public record) a file of all such certificates.

(Ord. 186-91. Passed 10-15-92.)

   As long as no structural alterations are made, except as required by enforcement of other codes or ordinances, any nonconforming use may, upon appeal to, and approval of, the Board of Zoning Appeals, be changed to another similar nonconforming use of the same or less general intensity classification, or the Board may find that the use proposed for substitution is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board may require that additional conditions and safeguards be met. Failure to fulfill such conditions shall be considered a violation of this Zoning Code.

(Ord. 186-91. Passed 10-15-92.)

   In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot that is of record on the effective date of this Zoning Code or any amendment that makes a lot nonconforming. Such lot must be in separate ownership and not of continuous frontage with other lots (or portions of lots) in the same ownership. This section shall apply, even though such lot fails to meet the requirements for area and/or width in the district. However, the lot shall conform to the other regulations for the district, unless a variance is sought from, and approved by, the Board of Zoning Appeals, as provided in Chapter 1244.

(Ord. 186-91. Passed 10-15-92.)

   In no case shall any parcel (whether divided or undivided, conforming or nonconforming) be divided such that a lot with a width or area below the requirements provided in this Zoning Code is created.

(Ord. 186-91. Passed 10-15-92.)

   Where lawful uses of land and/or structures exist at the time of adoption or amendment of this Zoning Code, which uses are not permitted by this Zoning Code, such uses may be continued, as long as they remain otherwise lawful, provided that:

   (a)   No such nonconforming uses shall be enlarged, increased or extended to be more intensive or to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this Zoning Code, but the use may be altered (upon approval of the Board of Zoning Appeals) to decrease its nonconformity;

   (b)   No such nonconforming uses shall be moved (in whole or in part) to any other portion of the lot;

   (c)   Any new use must conform with the requirements of this Zoning Code; and

   (d)   Any nonconforming use may be extended throughout any parts of a structure which were manifestly 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 structure.

(Ord. 186-91. Passed 10-15-92.)

   When nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall also eliminate the nonconforming status of the land. Similarly, a change in the use of the land to a permitted use shall eliminate the nonconforming status of the structure.

(Ord. 186-91. Passed 10-15-92.)

   When any nonconforming use and/or structure is discontinued or abandoned for more than two years (except when governmental action impedes access to the premises), any subsequent use and/or structure shall be in conformity with the regulations of the district in which it is located, and the nonconforming use and/or structure may not be resumed. The intent to continue a nonconforming use shall not be evidence of its continuance.

(Ord. 186-91. Passed 10-15-92.)

   In the event that any nonconforming structure is destroyed, by any means, to the extent of more than fifty percent of the cost of replacement of such structure, exclusive of foundation, it shall not be rebuilt, restored or reoccupied for any use, unless it conforms to all of the requirements of this Zoning Code. When such a nonconforming structure is damaged or destroyed to the extent of less than fifty percent of the cost of replacement, repair, rebuilding and/or reoccupancy, the rebuilt portion shall be permitted only in conformity with all applicable regulations of this Zoning Code, including the following conditions:

   (a)   A zoning certificate pertaining to the former use, structure and/or occupancy shall be applied for and issued within one year of such destruction. Rebuilding shall be diligently pursued to completion.

   (b)   Such restoration shall not cause a new nonconformity, nor shall it increase the degree of nonconformance or noncompliance existing prior to such damage or destruction.

(Ord. 186-91. Passed 10-15-92.)

   Ordinary repairs may be performed on any nonconforming structure or portion of a structure containing a nonconforming use. Ordinary repairs include activities such as repairs or replacement of nonbearing walls, fixtures, wiring and plumbing, provided that the cubic volume of the structure existing when it became nonconforming shall not be increased.

   Nothing in this section shall be deemed to prevent the strengthening or restoration to a safe condition of any structure or part of a structure declared to be unsafe by any official charged with protecting the public health, safety and/or general welfare, upon order of such official. Where appropriate, a building permit for such activities shall be required.

(Ord. 186-91. Passed 10-15-92.)