Nonconformities shall be classified as:

(a)

Lot;

(b)

Uses of land without structures or minor structures only;

(c)

Uses of major structures and premises;

(d)

Structures; and/or

(e)

Characteristics of use.

To be considered a nonconformity, it must have been in compliance with the zoning requirements which were lawful when it was established, but would be prohibited, regulated, or restricted by the enactment of this code or subsequent amendments hereto. A nonconformity shall be established by one (1) of the following methods:

(a)

The nonconformity must have been legally nonconforming under the former zoning code, Ordinance No. 466, as amended, and continues to be designated nonconforming under the provisions of this code or subsequent amendments hereto; or

(b)

The nonconformity must have been legally conforming under the former zoning code, Ordinance No. 466, as amended, and made nonconforming by the provisions of this code or subsequent amendments hereto; or

(c)

A nonconformity is created where lawful public taking or actions pursuant to a court order have the same effect as violations of this code.

It is the intent of this code to require the cessation of certain nonconformities and to permit others to continue until they are removed or cease. It is not the intent to encourage their survival.

It is further the intent of this code that nonconformity shall not be used as grounds for addition of other prohibited uses or structures on the site or in the area, nor the enlarging by means of extension or expansion, except as specifically provided by this code.

All rights and obligations associated with a nonconforming status run with the land and are not personal to the present ownership or tenant of the land and are not affected by a change in ownership or tenancy, unless abandoned. (See sections 7.6(b) and 7.7(c))

It is the intent of this code that nonconforming uses shall be considered to be incompatible with the permitted uses within the several districts. Such nonconforming uses shall not be intensified, enlarged or extended in any respect.

Any existing use which would require a conditional use permit approval under the terms of this code shall be deemed a conforming use. However, enlargement, replacement or modification of such a use shall require approval of a conditional use permit application as though it were a new use.

(a)

Use of single nonconforming lots for a single-family dwelling. In residential districts, a single-family dwelling and customary accessory structures may be erected, occupied and used on a nonconforming lot of record which is not in continuous frontage with other lots in the same ownership (except as provided below) in accord with other requirements applying in the separate districts.

(b)

Rules concerning combination of contiguous nonconforming lots in same ownership and with continuous frontage; exception.

(1)

Combinations required, where nonconforming status was created at enactment or amendment of this code: Where two (2) or more nonconforming lots in single ownership and with continuous frontage exist, they shall be considered a single zoning lot and a zoning compliance permit authorizing their use shall only be issued when the lot area and lot width requirements for the district in which the lots are located are satisfied. Full setback requirements shall apply to all of the newly created lots.

(2)

Use of single nonconforming lots for nonresidential uses: In nonresidential districts, a nonconforming lot of record, which is not in continuous frontage with other lots in the same ownership (except as provided in (3) below), may accommodate uses permitted with all other requirements applying in that district.

(3)

Combination not required where nonconformity created by public or court order: Where the nonconforming lots were created by the exercise of the power of eminent domain or threat thereof or as a result of a court order, combination of the lots shall not be required.

(4)

Combination not required where fifty-one (51) percent or more of the lots within the same block do not meet the minimum frontage requirements: Where fifty-one (51) percent or more of the lots within the same block do not meet the minimum frontage requirement for the district in which the lots are located, combination is not required. In order to qualify for this exception the following conditions shall be met:

a.

The property owner shall provide to the zoning administrator a map showing the ownership and development pattern of the block on which the subject lots are located. The map shall graphically show the ownership and development patterns and shall provide DPID numbers for each property.

b.

For purposes of this exception, "block" shall be defined as those lots parallel to the right-of-way extending in both directions until said right-of-way intersects with another right-of-way or dead-ends.

c.

For purposes of this exception, vacant parcels with two (2) or more lots in the same ownership and with continuous frontage shall be considered to meet the minimum frontage requirement for the district in which the lots are located.

(Ord. No. 548, § 1, 11-6-95)

Nonconforming uses of land involving any permanent structure with a replacement cost of less than two thousand dollars ($2,000.00) or a combination of permanent structures with replacement cost not exceeding five thousand dollars ($5,000.00), as determined by the zoning administrator, shall cease within two (2) years of the adoption of this code, or any amendment which shall cause such uses to assume nonconforming status.

Prior to termination, the following limitations shall apply:

(a)

There shall be no enlargement, increase in intensity or alterations to the use, its permanent structure or both.

(b)

If the use ceases for more than ninety (90) consecutive days, subsequent use of the premises shall conform to the district regulations.

(c)

No such use shall be relocated or moved to any portion of the lot other than that occupied at the time that nonconforming status was created.

(d)

No such land shall be subdivided nor any structure added, except for purposes and in a manner conforming to district regulations. Subdivision, however, which does not increase the degree of nonconformity, shall be permitted.

Nonconforming use of structures with a value higher than specified in section 7.6 above, or of such structures and premises in combination, may be continued, provided:

(a)

Such uses may not be enlarged, extended, altered or replaced, except for a change to a use permitted in the district in which located, except as provided in (b) below.

(b)

A nonconforming use may be extended through portions of a building manifestly arranged or intended for such use, but not otherwise extended, and shall not extend to occupy land outside such building or any additional building not used for such nonconforming use at the time that nonconforming status was established.

(c)

If a nonconforming use ceases for more than one hundred eighty (180) consecutive days, subsequent use shall conform to the regulations of the district in which located.

(d)

When a building or structure devoted to a nonconforming use is damaged or deteriorated, as determined by the zoning administrator, to the extent of fifty (50) percent or more of the building's or structure's assessed taxable value, such building, if restored, shall thereafter be devoted to conforming uses.

(e)

A dwelling made a nonconforming use by the adoption of this code or amendments thereto, which is the principal residence of the owner, may be replaced or reconstructed because of destruction or deterioration, not withstanding the fact that the destruction or deterioration exceeds the fifty (50) percent standard contained in (d) above. This exception to the general rule contained in this article applies only to deterioration or destruction and is not intended to apply to the loss of nonconforming status due to cessation of use as described in (c) above.

A structure which is nonconforming, due to noncompliance with the dimensional requirements of the official schedule of district regulations of this code and which is used for a use permitted in the district in which it is located may remain, provided:

(a)

That any structural change to the structure shall not increase the degree of nonconformity. Structural changes which decrease or do not affect the degree of nonconformity shall be permitted.

(b)

A nonconforming structure, or a portion thereof, if damaged, deteriorated or destroyed to the extent of more than fifty (50) percent of its current assessed valuation, may only be reconstructed in accordance with the regulations of the district in which it is located.

(c)

Routine repairs and maintenance of a nonconforming structure, fixtures, wiring and plumbing or the repair or replacement of nonload bearing walls shall be permitted.

Nonconforming characteristics of use, which may include, by way of illustration but not limitation, inadequate parking and loading facilities, inappropriate landscaping, lighting, emission, etc., may continue to operate but shall not be expanded, altered, changed or relocated in such a manner as to increase the degree of nonconformity.

Nonconforming structures or portions thereof which are declared unsafe by the zoning administrator or other competent authority may be repaired and restored except as provided in sections 7.7(d) and 7.8(b).