This Zoning Code establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. Within each established district, as well as those which may be established by future amendments, there are and will be lots, uses of lands, structures, and uses of structures and land in combination, which were lawful before this Zoning Code was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Zoning Code or future amendments. Since such nonconformities are deemed incompatible with the districts in which they are located, it is the intent of this chapter to specify those circumstances and conditions under which such nonconformities shall be permitted to continue, but not to encourage their survival. Rather, it is the intent of this Zoning Code to encourage either the conversion of nonconforming uses into conforming uses as soon as reasonably possible or their eventual and equitable elimination.

(Ord. 2712. Passed 8-1-78.)

   Any nonconforming building, structure or use which existed lawfully at the time of the adoption of this Zoning Code and which remains nonconforming, as well as any which shall become nonconforming upon any subsequent amendments thereto, may be continued, but 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. No additional signs intended to be seen from off the premises shall be utilized in conjunction with nonconforming uses of land or structures shall be permitted upon passage of this Zoning Code.

(Ord. 2712. Passed 8-1-78.)

   (a)   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 of record as of March 21, 1967, notwithstanding limitations imposed by other provisions of this Zoning Code. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area, depth or width that are generally applicable in the district, provided that no lot shall be deemed to be less than forty feet wide for the calculation of yard requirements, and provided, further, that:

      (1)   The sum of the side yard widths on any such lot of record shall be at least twenty-five percent of the width of the lot.

      (2)   The depth of the rear yard of any such lot need not exceed thirty percent of the depth of the lot, but in no case shall it be less than twenty feet.

   (b)   Variances from requirements listed in Chapters 1242 through 1292, other than lot area or lot width, shall be obtained only through action of the Board of Zoning Appeals as provided in Section 1236.03.

(Ord. 2712. Passed 8-1-78.)

   If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Zoning Code, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Zoning Code. No portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Zoning Code.

(Ord. 2712. Passed 8-1-78.)

   Where, at the time of adoption of this Zoning Code, lawful uses of land exist which would not be permitted by the regulations imposed by this Zoning Code, the uses may be continued so long as they remain otherwise lawful, provided that:

   (a)   No such nonconforming uses 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.

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

   (c)   If any such nonconforming uses of land are discontinued or abandoned for more than one year (except when government action impedes access to the premises), any subsequent use of land shall conform to the regulations specified by this Zoning Code for the district in which such land is located.

   (d)   No additional structure not conforming to the requirements of this Zoning Code shall be erected in connection with such nonconforming use of land.

(Ord. 2712. Passed 8-1-78.)

   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, height, yards, its location on the lot, bulk or other requirements concerning the structure, such 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 a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

   (b)   Should such nonconforming structure or nonconforming portion of the structure be sixty percent destroyed by any means, it shall not be reconstructed except in conformity with the provisions of this Zoning Code.

   (c)   Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. 2712. Passed 8-1-78.)

   If a lawful use involving individual structures exists on the effective date of adoption or amendment of this Zoning Code that would not be allowed in the district under the terms of this Zoning Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   (a)   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 permitted in the district in which it is located, except as provided for in subsection (c) hereof.

   (b)   Any nonconforming use may be extended throughout any parts of a building 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 building.

   (c)   If no structural alterations are made, any nonconforming use of a structure may, upon appeal to the Board of Zoning Appeals, be changed to another nonconforming use, provided that the Board shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board may require appropriate conditions and safeguards in accordance with other provisions of this Zoning Code.

   (d)   Any structure in which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

   (e)   When a nonconforming structure is discontinued or abandoned for more than two years (except when government action impedes access to the premises), the structure or structure and land in combination shall not thereafter be used, except in conformity with the regulations of the district in which it is located.

   (f)   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.

(Ord. 2712. Passed 8-1-78.)

   No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, are made to conform to all of the regulations of the district in which it is to be located.

(Ord. 2712. Passed 8-1-78.)

   No nonconforming use shall displace a conforming use.

(Ord. 2712. Passed 8-1-78.)

   A nonconforming use may be changed to another nonconforming use, provided that the Board of Zoning Appeals determines that the proposed nonconforming use is less in conflict with the character and intent of the zoning district than the existing nonconforming use.

(Ord. 2712. Passed 8-1-78.)

   Uses existing prior to the enactment of this Zoning Code, which are listed as special uses in the district in which they are located, shall be considered to be nonconforming uses until a special zoning certificate has been applied for and issued for said use.

(Ord. 2712. Passed 8-1-78.)

   On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section 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. 2712. Passed 8-1-78.)

   Whenever a building, the use of which does not conform to the provisions of this Zoning Code, is damaged by fire, explosion or act of God, to the extent of sixty percent or more of its assessed value, it shall not be restored, except in conformity with the regulations of the district in which it is located.

(Ord. 2712. Passed 8-1-78.)

   Whenever a nonconforming use has been discontinued for a period of six months or more, such discontinuance shall be considered legal abandonment of the nonconforming use. At the end of that six-month period, the nonconforming use shall not be re-established, and any further use shall be in conformity with the provisions of this Zoning Code.

(Ord. 2712. Passed 8-1-78.)

   Any sign which is nonconforming as to type, location, zoning district, size, setback or any other reason (except those signs that are an adjunct to the use of any valid nonconforming building or structure, in which case they shall be regulated by the provisions applicable to such structure) shall be altered, moved, converted or removed within five years of the date of adoption of this Zoning Code.

(Ord. 2712. Passed 8-1-78.)

   To avoid undue hardship, nothing in this Zoning Code shall be deemed to require a change in the plans, construction or designated use of 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 carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastening them in a permanent manner. 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 the work shall be carried out diligently.

(Ord. 2712. Passed 8-1-78.)