Within the districts established by this ordinance or amendments that may later be adopted where there exists lots, structures, and uses of land and structures which were lawful before the adoption of this ordinance, but which would be prohibited under the terms of this ordinance or future amendment, it is the intent of this ordinance to permit these nonconforming uses to continue but not to encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved.

Any use of a structure and/or land existing at the time of enactment or subsequent amendment of this ordinance, but not in conformity with its provisions, may be continued subject to the following provisions:

(1)

The use of the building and land cannot be changed to another nonconforming use.

(2)

If the nonconforming use has ceased for a period of twelve (12) continuous calendar months, it shall not be reestablished provided that if the lessee of any building or place used or occupied for nonconforming purposes under a bona fide lease shall at any time before the expiration of said lease discontinue occupancy or use of said building or place shall again obtain control of its occupancy and use. This exception shall not apply, however, if the lessor for any reason be entitled legally to regain possession and does not by legal or other effective means attempt to do so.

(3)

In the event that a nonconforming building is damaged or destroyed by fire or act of God, the nonconforming building may be rebuilt even when the damage exceeds the total replacement value of the building.

(4)

A nonconforming use of a building or portion thereof, or land or portion thereof, shall not be extended or enlarged except in conformity with this ordinance. "Extended" is construed to include attachment of signs or display material on land outside of the building, or the attachment of racks, balconies, or other projections from the buildings, providing, however, that dwellings which are nonconforming only as to height and/or yard areas may be structurally altered or enlarged as provided for in Article 2.01 of Section 2 of this ordinance.

(Ord. No. 1453-2010, § 1, 10-12-2010)

Nothing in this ordinance shall be deemed a prohibition against strengthening or restoring to a safe condition a building or portion thereof declared to be unsafe by any public official charged with protecting the public safety, upon order of such official.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in 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 ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby deemed to include the placing of construction materials in permanent position and fastening these materials in a permanent manner, and demolition, elimination, and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved.

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single nonconforming lot which is of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the area requirements for the district, provided, however, that the building placed upon said lot shall conform to the yard requirements of the district as closely as possible in the opinion of the board of adjustment.