11.01.01. Within the corporate limits, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before the ordinance was amended, but which would be prohibited under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this ordinance that nonconformities not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

11.01.02. The provisions of this section do not apply to nonconforming signs. Nonconforming signs are addressed in article VIII, Signs.

A lawful nonconforming use existing at the effective date of this ordinance may be continued, except as hereafter provided.

11.03.01. Nothing in this ordinance may be deemed to prevent routine maintenance or the restoration of any structure to a safe or sanitary condition when required by the proper authorities; provided such restoration otherwise complies with this ordinance.

11.03.02. A nonconforming use may not be changed to another nonconforming use of the same or a less restrictive classification. A nonconforming use which is changed to a conforming use or to another nonconforming use of a more restrictive classification may not revert to the original or less restrictive use.

11.03.03. A nonconforming use may not be enlarged within a structure, nor expanded to occupy a greater area of land, than it did at the effective date of this ordinance or subsequent amendment thereto.

11.03.04. A nonconforming use may not be altered, enlarged, or intensified in any way that increases its nonconformity, but may be altered or reduced to decrease its nonconformity. Should any such alteration or reduction to decrease a nonconformity exceed the limit established in section 11.04, it must be approved by the board in accordance with section 12.05, Special exceptions, before a building permit may be issued.

11.03.05. The board may allow, through approval of a special exception, a structure or other components of a nonconforming use to be moved to another portion of the lot if such relocation provides greater separation between the nonconforming use and any less intensive, abutting uses or brings the use, structure or components thereof into greater conformity with this ordinance. Otherwise, no nonconforming use or structure may be moved in whole or in part, to any other location on the same or any other lot unless the entire structure or use thereafter conforms to the applicable regulations of this ordinance.

No nonconforming structure which has been damaged by any means to the extent of more than 50 percent of its fair market value at the time of such damage may be rebuilt or restored except in conformity with the provisions of this ordinance. If a nonconforming building is damaged less than 50 percent of its current replacement value it may be rebuilt or restored and used as before the damage, provided that such rebuilding or restoration is completed within 180 days of the date of such damage. Moreover, all debris from the damaged structure must be removed within 90 days from the date of such destruction.

A nonconforming use which has been discontinued or abandoned for a continuous period of 180 days, except when government action impedes access to the premises, may not be re-established and any future use must conform with all applicable provisions of this ordinance.

11.06.01. A lot of record that contains less area than is required under the terms of this ordinance, it may be nonetheless be used as a buildable lot, as long as, all other zoning requirements, ordinances, laws, and regulations are met. If, due to the limited size of the lot, building setbacks or other requirements of this ordinance cannot be met, the lot may only be developed as follows:

A.

The zoning official may reduce minimum front, side or rear yard setbacks by no more than ten percent.

B.

Reductions of setbacks greater than ten percent and any other modifications may only be approved by the board in accordance with section 12.05, Special exceptions, or section 12.06, Variances, if applicable.

11.06.02. If a nonconforming lot of record adjoins land under the same ownership, the approving authority may require such properties be re-subdivided, if practicable, to bring the lot of record into compliance before granting approval of any use or development of the nonconforming lot.