(a)

Within the districts established by this chapter, and with the exception of signs, billboards and their nonconformance, which shall be separately regulated by section 48-1296(13) or any subsequent amendments, there exist lots, structures and uses of land and structures which were lawful before this chapter was effective, but which would be prohibited, regulated or restricted under the terms of this chapter or amendments thereto.

(b)

It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their continuance.

(c)

Such uses are declared to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except by appeal to the board.

(d)

A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building, structure 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 be prohibited in the district involved.

(e)

To avoid undue hardship, nothing in this chapter 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 chapter and upon which actual building construction has been continuously and diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastening in a permanent manner, except that 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 work shall be continuously and diligently carried on until completion of the building involved.

(Ord. No. 369, § 15.530(7.100), 6-26-1981; Ord. No. 653, 5-17-2002)

In any district in which single-family dwellings are permitted, notwithstanding other limitations imposed by other provisions of this chapter, a single-family dwelling and customary necessary building may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, as long as any structure shall meet the required set backs, height restrictions and minimum floor area provisions for the designated zoned district.

(Ord. No. 369, § 15.535(7.101), 6-26-1981; Ord. No. 653, 5-17-2002)

Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

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 chapter.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.

(3)

If any such nonconforming use of land ceases for any reason for a period of 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(4)

No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(Ord. No. 369, § 15.540(7.102), 6-26-1981; Ord. No. 372, 11-12-1981; Ord. No. 653, 5-17-2002)

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

(1)

No such structure may be enlarged or altered in any way which increases its nonconformity.

(2)

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

(Ord. No. 369, § 15.545(7.103), 6-26-1981; Ord. No. 653, 5-17-2002)

If a lawful use of a structure, or of structure and land in combination, exist at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered unless it is changed to a use permitted in the district in which it is located.

(2)

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 chapter, but no such use shall be extended to occupy any land outside such building.

(3)

Any nonconforming use of a structure, or structures and land, may be changed to another nonconforming use provided that the board shall find that the proposed use is permitted in the most restrictive zone district in which the existing or former use is first allowed. In such case, the structure and properties shall be made to comply with all conditions applicable to such most restrictive zone district. Except as otherwise provided, no other structural alterations shall be allowed.

(4)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use or more restrictive use, shall thereafter conform to the regulations for the district in which such structure, or structure and land, are located or permitted, and the nonconforming use may not thereafter be resumed.

(5)

When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for 12 consecutive months, the structure or structure and land combination, shall not thereafter be used except in conformance with the provisions of the district in which it is located.

(6)

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. No. 369, § 15.550(7.104), 6-26-1981; Ord. No. 653, 5-17-2002)

(a)

On any building devoted in whole or in part to any nonconforming use, repair and maintenance work may be made provided that the cubic content of the building as it existed at the time of adoption of amendment of this chapter is not increased.

(b)

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. No. 369, § 15.555(7.105), 6-26-1981; Ord. No. 653, 5-17-2002)