No building or structure or part thereof shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, designed or arranged for any purpose, except in conformity with the provisions of this chapter.

(`94 Code, § 1171.01)  (Ord. 26-82, passed 12-28-82)

   The purpose of this subchapter is to provide for the eventual and equitable elimination of nonconforming lots, nonconforming uses of land and nonconforming structures which do not conform to the provisions of this chapter, but which were in operation prior to the enactment of the Zoning Ordinance. Nonconforming lots, uses and structures are declared to be incompatible with the permitted uses in the district involved. It is further the purpose of this chapter that nonconforming lots, uses and structures of land shall not be enlarged upon, extended nor be used as a basis for adding other structures or uses prohibited in the same district.

(`94 Code, § 1171.02)  (Ord. 26-82, passed 12-28-82)

   (A)   Nonconforming Lots. In any one-family or multiple-family district, one-family and two-family dwellings may be erected on any single lot of record existing at the effective date of adoption or amendment of this chapter; even though such lot fails to meet the requirements for area or width or both that are generally applicable in the district; providing the yard dimensions and other requirements not involving the area and width of the lot shall conform to the regulations for the district in which such lot is located. The Board of Zoning Appeals may grant a variance where the strict application of the provisions of this chapter would result in practical or unnecessary hardships in complying with the minimum yard requirements for the district in which such lot is located.

   (B)   Nonconforming Use of Land. The lawful use of any land existing at the effective date of adoption or amendment of this chapter may be continued although such use does not conform with the regulations of this chapter providing the following provisions are met:

      (1)   A nonconforming use shall not be extended, enlarged or increased to occupy a greater area of land than was occupied at the effective date of this chapter. The extensions of a lawful use to any portion of a nonconforming structure which existed prior to the enactment of this chapter, shall not be deemed to be the extension of such nonconforming use.

      (2)   Whenever a nonconforming use has been discontinued for a period of two years or more, such discontinuance shall be considered as conclusive evidence of an intention to abandon legally the nonconforming use. At the end of the two-year period, any subsequent use of land shall conform to the provisions of this chapter for the district in which such land is located.

      (3)   Nonconforming uses existing and established after the effective date of this chapter shall be declared as illegal nonconforming uses and shall be discontinued no more than 20 days following the date of inspection.

   (C)   Nonconforming Structures. A lawful structure existing at the effective date of adoption or amendment of this chapter may be continued although such structure does not conform to the area, height or yard provisions of this chapter, providing the following provisions are met:

      (1)   A nonconforming structure may not be altered or enlarged which increases its nonconformity.

      (2)   A nonconforming use destroyed or damaged by fire, collapse, explosion or other acts of God to an extent of more than 100% of its replacement cost, exclusive of the foundation at the time of destruction shall not be reconstructed except in conformity with the provisions of this chapter.

      (3)   Should such structure be moved or transported for any reason and for any distance whatever, it shall thereafter conform to the provisions for the district in which it is located after it is removed.

   (D)   Nonconforming Use of Structures and Land. The lawful use of a structure or of structure and land existing at the effective date of adoption or amendment of this chapter may be continued although such use does not conform to the regulations of this chapter providing the following provisions are met:

      (1)   Whenever a nonconforming use of a structure and land in combination have been discontinued six consecutive months or for 18 months during any three-year period, the structure and premises in combination shall not be reestablished or used except in conformance with the provisions of the district in which it is located.

      (2)   Any nonconforming use of a structure and land in combination may be changed to another nonconforming use of the same or more restrictive classification than the existing nonconforming use by the Zoning Board of Appeals. In permitting such a change, the Board may require that the more restrictive nonconforming use meet certain conditions and requirements in accordance with the provisions of this chapter.

      (3)   Where a nonconforming structure and use exist, the removal or destruction of the structure shall eliminate the nonconforming status of the land.

(`94 Code, § 1171.03)  (Ord. 26-82, passed 12-28-82)

   (A)   Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any building or structure or part thereof declared to be unsafe by an official charged with protecting the general health, safety and public welfare of the community.

   (B)   Ordinary repairs and the replacement of nonbearing walls, fixtures, wiring or plumbing may be done on any building or part thereof devoted to a nonconforming use provided the cubic content of the building as it existed at the effective date of adoption or amendment of this chapter shall not be increased.

   (C)   Nothing in this chapter shall prohibit the completion or construction and use of a nonconforming building for which a zoning certificate has been issued prior to the effective date of adoption or amendment of this chapter, provided construction is commenced within 30 days after the issuance of certificate; and that the entire building or structure shall have been completed within one year from the date such zoning certificate was issued.

(`94 Code, § 1171.04)  (Ord. 26-82, passed 12-28-82)

   Where a special exception or conditional use certificate has been granted for any use as provided in this chapter, such use shall not be classified as a nonconforming use, but shall be classified as a conforming use within the district in which it is located.

(`94 Code, § 1171.05)  (Ord. 26-82, passed 12-28-82)

   Accessory buildings and uses permitted in this chapter shall be subject to the following conditions:

   (A)   An accessory building attached to the principal building shall comply with the requirements of this chapter applicable to the main building.

   (B)   Detached accessory buildings shall not occupy more than 10% of any required yard, except the rear yard.

   (C)   Detached accessory buildings shall not be located closer than eight feet from any required side or rear lot line.

   (D)   Within an R or MF District, no accessory building shall exceed one story or 20 feet in height.

   (E)   Accessory buildings located on a corner lot shall not be permitted to project beyond the minimum front yard depth facing both streets.

(`94 Code, § 1171.06)  (Ord. 26-82, passed 12-28-82)  Penalty, see § 154.999