(a)

It is the intent of this article to permit legal nonconforming lots, structures or uses to continue until they are removed, but not to encourage their survival.

(b)

It is recognized that there exists within the districts established by this chapter and subsequent amendments, lots, structures and uses of land and structures which were lawful before this chapter was passed or amended, which would be prohibited, regulated or restricted under the terms of this chapter.

(Code 1991, § 19-441; Ord. No. 83, § 19.01, 4-16-1984)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record on May 6, 1984. 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 other requirements not involving area or width, or both, of the lot, shall conform to the regulations for the district in which such lot is located, unless a yard requirement variance is obtained through approval of the zoning board of appeals. However, wherever multiple contiguous lots of record are in single ownership, and each is below the minimum requirements for lot width, or area or both in a district, then the lots shall be combined in the minimum number necessary to meet the lot size requirements of the district in which they are located; in so doing the combined lot shall be considered as a single lot for zoning purposes.

(Code 1991, § 19-442; Ord. No. 83, § 19.02, 4-16-1984; Ord. No. 83.4, 2-15-1989)

Where, on May 6, 1984, lawful use of land exists that is made no longer permissible under the terms of this article 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 on May 6, 1984.

(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 on May 6, 1984.

(Code 1991, § 19-443; Ord. No. 83, § 19.03, 4-16-1984)

Where a lawful structure exists on May 6, 1984, that could not be built under the terms of this chapter by reason of restrictions on area lot coverage, height, yards or other characteristics of the structure or 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 a way which increases its nonconformity, but the use of a structure and/or the structure itself may be changed or altered to a use permitted in the district in which it is located, provided that all such changes are also in conformance with the requirements of the district in which it is located. Furthermore, any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time for adoption or amendment of this article, but no such use shall be extended to occupy any land outside such building.

(2)

Should such structure be destroyed by any means to an extent of more than 60 percent of twice its assessed evaluation at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this article.

(3)

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.

(4)

Any structure, or structure and land 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 such structure is located, and the nonconforming use may not thereafter be resumed.

(5)

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 land.

(Code 1991, § 19-444; Ord. No. 83, § 19.04, 4-16-1984)

Irrespective of other requirements of this article, if no structural alterations are made, any nonconforming use of a structure and premises may be changed to another nonconforming use of the same or a more restricted classification, provided that the board of appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is not less appropriate to the district than the existing nonconforming use. In permitting such change, the board of appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this article. Where a nonconforming use of a structure, land or structure and land in combination is hereafter changed to a more restrictive classification, it shall not thereafter be changed to a less restricted classification.

(Code 1991, § 19-445; Ord. No. 83, § 19.05, 4-16-1984; Ord. No. 83.4, 2-15-1989)

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50 percent of the assessed value of the building, provided that the cubic content of the building on May 6, 1984, shall not be increased. Nothing in this article 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.

(Code 1991, § 19-446; Ord. No. 83, § 19.06, 4-16-1984)

As long as there is no change in the character or nature of the nonconforming use, a change of tenancy or ownership is allowed.

(Code 1991, § 19-447; Ord. No. 83, § 19.07, 4-16-1984)

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of another classification, the provisions of this article shall also apply to any existing uses that become nonconforming as a result of the boundary changes.

(Code 1991, § 19-448; Ord. No. 83, § 19.08, 4-16-1984)

Nonconforming buildings or structures may be structurally changed, altered or enlarged with the approval of the zoning board of appeals when the board finds that the request is a case of exceptional hardship in which failure to grant the relief requested would unreasonably restrict continued use of the property or would restrict valuable benefits that the public currently derives from the property as used in its nonconforming status, except that any approval for structural changes, alteration or enlargement may be granted only with a finding by the board that approval will not have an adverse effect on surrounding property and that it will be the minimum necessary to relieve the hardship.

(Code 1991, § 19-449; Ord. No. 83, § 19.09, 4-16-1984; Ord. No. 83.4, 2-15-1989)

Nonconforming uses of structures or land existing on May 6, 1984, that were established without approval of zoning compliance or without a valid building permit or those nonconforming uses which cannot be proved conclusively as existing prior to May 6, 1984, shall be declared illegal nonconforming uses and are not entitled to the status and rights accorded legally established nonconforming uses.

(Code 1991, § 19-450; Ord. No. 83, § 19.10, 4-16-1984)