Within the districts established by this Zoning Code, there exist lots, structures, uses of land and structures and characteristics of use which were lawful before this Zoning Code was passed or amended, but which are prohibited, regulated or restricted hereunder. It is the intent of this Zoning Code to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Zoning Code that nonconformities are not enlarged upon, expanded or extended, or used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(Ord. 82-38. Passed 9-20-82.)

   (a)   Nonconforming uses are incompatible with permitted uses in the districts in which such nonconforming uses are located. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land in combination shall not be extended or enlarged after passage or amendment of this Zoning Code by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would generally be prohibited in the district in which such use is located.

   (b)   To avoid undue hardship, nothing in this Zoning Code shall be deemed to require a change in the plans, construction or designated use of a building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Zoning Code (Ordinance 82-38, passed September 20, 1982) and upon which actual building construction has been carried on diligently.

(Ord. 82-38. Passed 9-20-82.)

   In a district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on a single lot of record at the effective date of adoption or amendment of this Zoning Code (Ordinance 82-38, passed September 20, 1982), 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 of the same ownership. 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 and requirements other than those applying to the area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained through action of the Board of Appeals.

(Ord. 82-38. Passed 9-20-82.)

   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 (Ordinance 82-38, passed September 20, 1982), and if all or part of the lots with no buildings do not meet the requirements established for lot width and area for the district in which they are located, the lands involved shall be considered to be an undivided parcel for the purposes of this Zoning Code and no portion of such parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Zoning Code, nor shall any division of a parcel be made which creates a lot with a width or area less than the requirements stated in this Zoning Code.

(Ord. 82-38. Passed 9-20-82.)

   Where, at the time of adoption or amendment of this Zoning Code (Ordinance 82-38, passed September 20, 1982), 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, subject to the following provisions:

   (a)   No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Zoning Code.

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

   (c)   If any such nonconforming use of land is voluntarily discontinued for a period of more than six months, any subsequent use of such 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 this Zoning Code shall be erected in connection with such nonconforming use of land.

(Ord. 82-38. Passed 9-20-82.)

   Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Code (Ordinance 82-38, passed September 20, 1982) that could not be built under this Zoning Code by reason of restrictions on area, lot coverage, height, yards, location on the lot, bulk, minimum parking area 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 a structure be destroyed, by any means, to an extent of fifty percent or more of appraised value for tax purposes adjusted to 100 percent of true value, it shall not be reconstructed except in conformity with this Zoning Code. If the structure is located on a nonconforming lot of record, the provisions of Section 1282.03 shall apply.

   (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 moved.

(Ord. 82-38. Passed 9-20-82.)

   If a lawful use involving individual structures, or of a structure and premises in combination, exists at the effective date of adoption or amendment of this Zoning Code (Ordinance 82-38, passed September 20, 1982) that would not be allowed in the district in which it is located under 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.

   (b)   A 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 this Zoning Code (Ordinance 82-38, passed September 20, 1982), but no such use shall be extended to occupy any land outside such building.

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

   (d)   A structure, or a structure and premises in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which it is located, and the nonconforming use may not thereafter be resumed.

   (e)   When a nonconforming use of a structure, or a structure and premises in combination, is voluntarily discontinued or abandoned for more than six months, except when government action impedes access to the premises, the structure, or structure and premises 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 premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the premises.

(Ord. 82-38. Passed 9-20-82.)

   In the case of a nonconforming structure, or a portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that the cubic content of the structure when it became nonconforming is not increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of a building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Ord. 82-38. Passed 9-20-82.)

   Except in the case of a use permitted under Section 1282.07, any use which is permitted as a conditional use in a district under this Zoning Code shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

(Ord. 82-38. Passed 9-20-82.)

   The Zoning Inspector shall compile and maintain a master list of all the nonconforming lots of record, structures and uses of land or structures in the Municipality. Such master list shall be updated on an annual basis through a review of rezoning cases and their disposition, resurveys and resubdivision of land. The Inspector shall use field inspection to compile the initial master list. In January of each year the Inspector shall notify those property owners in the Municipality with nonconformities of their status as nonconforming lots of record, structures or uses of land or structures.

(Ord. 82-38. Passed 9-20-82.)