A.   For the purposes of this chapter, the term "use" shall have the same meaning as "function", as the latter is defined in chapter 2 of this title.

   B.   Within the districts established by this title, there exist lots, structures, uses of land and structures and characteristics of use that were lawful prior to adoption or amendment of this title but are 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 until they are removed, but not to encourage their survival. It is further the intent of this title that nonconformities shall not be enlarged upon or extended nor be used as grounds for adding other structures or forms, functions or uses prohibited elsewhere in the same district, except for existing single-family detached residential dwellings in commercial or industrial districts as outlined in this title.

   C.   Nonconformities are declared by this title to be incompatible with permitted uses in the districts involved. A nonconforming structure, a nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after the passage of this title by attachment on a building or premises or additional signs intended to be seen from off the premises or by the addition of other uses of a nature that would generally be prohibited in the district involved, except for existing single- family detached residential dwellings in commercial or industrial districts as outlined in this title.

   D.   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 for which a building permit was lawfully issued prior to the effective date of adoption or amendment of this title and upon which actual building construction has been diligently commenced. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)

In any district in which single-family dwellings are permitted, where a lot has less area or width than required by the district and was a lot of record at the effective date of adoption or amendment of this title, a single-family dwelling and customary accessory buildings may be constructed on the lot, provided all other requirements of this title are met. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)

Where a lawful structure exists at the effective date of adoption or amendment of this title that could not be built under the terms hereof by reason of restrictions on area, lot coverage, height, yard, its location on the lot or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No such nonconforming structure may be enlarged or altered in such a way that increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

   B.   Should a nonconforming structure or nonconforming portion of a structure be damaged or destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at time of the damage or destruction, it shall not be reconstructed except in conformity with the provisions of this title.

   C.   Should the 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 moved. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)

The lawful use of land, where the use involves no individual structure with a replacement cost exceeding one thousand dollars ($1,000.00), which becomes nonconforming under the terms of this title as adopted or amended, may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this title.

   B.   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel that was not occupied by the use at the effective date of adoption or amendment of this title.

   C.   If any such nonconforming use of land is abandoned for any reason for a period of more than six (6) months, any subsequent use of the land shall conform to the district regulations for the district in which the land is located.

   D.   No additional structure shall be erected in connection with the nonconforming use of land. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)

If the lawful use involving individual structures with a replacement cost of greater than one thousand dollars ($1,000.00), or of such a structure and premises in combination, becomes nonconforming under the terms of this title as adopted or amended, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   Changing Of Use: No existing structure devoted to a use not permitted by this title 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 permitted in the district in which it is located.

      1.   Exception: A single-family detached residential dwelling located in the Z4, Z5, Z6 or Z7-1, Z7-3 and Z7-4 Districts may be enlarged up to twenty five percent (25%) of the aggregate floor area of the current structure so long as the enlargement meets the minimum bulk regulations and off street parking and loading requirements are met and no additional dwelling units result from the enlargement.

      2.   Exceptions shall be reviewed and approved by the Administrative Officer.

   B.   Use Extended: Any nonconforming use may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment of this title. No such use shall be extended to occupy any land outside such building.

   C.   Change Of Classification: If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of a similar nature within the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.

   D.   Use Abandoned: In the event that a nonconforming use of a structure, or structure and land in combination, is abandoned for a period of one (1) year, the use shall thereafter conform to the uses permitted in the district in which it is located. 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.

   E.   Reconstruction After Damage Or Destruction:

      1.   Any structure devoted to use made nonconforming by this title that has been damaged or destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time prior to the damage or destruction, exclusive of the foundations, shall not be reconstructed and used as before the damage or destruction occurred.

      2.   Notwithstanding the above, the Zoning Board of Adjustment may grant a special exception to permit the reconstruction of a structure that has been damaged or destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time prior to the damage or destruction, subject to the standards and requirements of section 12-5-3 of this title.

      3.   If the structure is damaged or destroyed to an extent of fifty percent (50%) or less of its replacement cost at the time of damage or destruction above the foundation, it may be reconstructed and used as before, provided it be done within six (6) months of such happening, and be built of like or similar materials. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)

   F.   Removal Or Destruction: When nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. "Destruction" for the purpose of this subsection is defined as damage to an extent of more than fifty percent (50%) of the replacement cost at the time of destruction. (Ord. 10-003, 1-19-2010, eff. 7-1-2010)

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. (Ord. 10-003, 1-19-2010, eff. 7-1-2010)

Any use of land, use of structure, or any structure in existence at the time of adoption of this title that was not an authorized nonconformity under previous zoning ordinances, shall not be authorized to continue its nonconforming status pursuant to this title or amendments thereto. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)