(a)

Within the districts established by this Title or amendments that may later be adopted there exist:

(1)

lots;

(2)

structures;

(3)

uses of land and structures; and

(4)

characteristics of use;

which were lawful before the ordinance from which this Title derives was passed or amended, but which would be prohibited, regulated or restricted under the terms of such ordinance or future amendment. It is the intent to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(b)

Nonconforming uses are hereby declared to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, nonconforming use of land or nonconforming use of structure and land in combination shall not be extended or enlarged by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

(c)

To avoid undue hardship, nothing contained in any amendment to this Title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of any amendment of this Title and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

(1957 Code, App. A, §4(1))

(a)

In any district, permitted structures and customary accessory buildings may be erected on any single lot of record at the effective date of adoption of the ordinance from which this provision derives, notwithstanding limitations imposed by other provisions hereof. Such lots 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 requirements for area, width or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area, width or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Zoning Board of Appeals.

(b)

If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage of this Title, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Title, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements hereby established, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated herein, and no variance or exception shall be made or granted which will permit the creation of a nonconforming structure or use upon any such parcel.

(1957 Code, App. A, §4(2); Ord. No. 4009, 4-28-75)

Where at the time of passage of the ordinance from which this provision derives (February 26, 1968), lawful use of land exists which would not be permitted by the regulations hereby imposed, and where such use involves no individual structure with a replacement cost exceeding one thousand dollars ($1,000.00), the use may be continued so long as it remains otherwise lawful, provided that:

(1)

No such conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of the adoption of the ordinance from which this provision derives.

(2)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of the adoption of the ordinance from which this provision derives.

(3)

If any such nonconforming use of land ceases for any reason for a period of more than thirty (30) days, any subsequent use of such land shall conform to the regulations specified herein for the district in which such land is located. If such nonconforming use of vacant land was for seasonal public parking purposes for eight (8) or more consecutive days during a calendar year, the nonconforming use of vacant land for such seasonal public parking purposes shall not cease; provided, however, that it shall be unlawful for the owner of the land or the person in control thereof to permit a detached mobile home or camper or shell attached to a truck to be occupied while parked on said land or for the owner of the land or person in control thereof to fail or refuse to control and abate the flow of fugitive dust from said land while the same is being used for such public parking purposes.

(4)

No additional structure not conforming to the requirements of this Title shall be erected in connection with such nonconforming use of land.

(1957 Code, App. A, §4(3); Ord. No. 4065, 8-22-75)

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance from which this Chapter derives that could not be built under the terms hereof by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming structure, except as described in Subsection (5) below may be enlarged or altered in a way which increases its nonconformity, and no variance or exception shall be made which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(2)

Should such nonconforming structure or nonconforming portion of a structure be damaged or destroyed by any means, it shall not be reconstructed except in conformity with the provisions of this Title unless it is repaired or reconstructed with the approval of the Administrative Official. Administrative Official approval shall occur within twelve (12) months from the date of damage or destruction. Repair or reconstruction shall commence within twelve (12) months of the Administrative Official approval and be completed within eighteen (18) months of such approval. Written approval from the Administrative Official shall be provided upon evidence presented verifying the exact dimensions, including height of the structure, before its damage or destruction. Noncomplying dimensional characteristics shall not be increased beyond what existed before the damage to or destruction of the structure. Repairing or rebuilding a nonconforming structure shall require full compliance with all applicable building codes, off-street parking and landscaping requirements in effect at the time of reconstruction; however, the Zoning Board of Appeals may grant a variance up to one hundred percent (100%) of the off-street parking and landscaping. In granting the variance, the Zoning Board of Appeals shall only grant the minimum amount of variance necessary and the applicant must demonstrate that landscaping and parking is being provided at the fullest extent practical. The variance shall only be applicable to the rebuilding of the nonconforming structure, and any future construction or addition shall require full compliance with all applicable requirements.

(3)

No portion of a nonconforming structure may be rebuilt if it is within a public right-of-way or a public or private easement.

(4)

If any nonconforming structure is moved for any reason for any distance, it shall then conform to the zone district regulations where it is relocated.

(5)

Notwithstanding any contrary provision in this Chapter, nonconforming structures which were single-family residences on or before February 1, 1968, as determined by the Administrative Official, may be enlarged within the existing parcel, provided that such single-family residence is not enlarged by more than thirty percent (30%) of the gross floor area of the residence. Such enlargement may be permitted only if such change does not result in the encroachment, or the expansion of any existing encroachment, of a building wall, into any required setback or exceeding maximum lot coverage. Any such enlargement shall require review and administrative approval by the Administrative Official. Any enlargement that is greater than forty percent (40%) of the gross floor area, is taller than the original building, or any addition that encroaches into a required setback, must be approved with a permit or variance from the Zoning Board of Appeals.

(1957 Code, App. A. §4(4); Ord. No. 7122 §1, 4-12-04; Ord. 8150 §1, 2-22-10; Ord. 8371 §1, 7-11-11)

If unlawful use involving individual structures with a replacement cost of one thousand dollars ($1,000.00) or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of the ordinance from which this provision derives that would not be allowed in the district under the terms hereof, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this Title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, except as provided in Section 17-3-4 above, moved or structurally altered except to change the use of the structure to a use permitted in the district in which it is located.

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance from which this provision derives, but no such use shall be extended to occupy any land outside such building.

(3)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a special exception be changed to another nonconforming use, provided that the Zoning Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Board of Appeals may require appropriate conditions and safeguards in accordance with the provisions of this Title.

(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, and the nonconforming use may not thereafter be resumed.

(5)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three-year period, except when government action impedes access to the premises, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(6)

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. Destruction, for the purpose of this Subsection, is defined as damage to an extent of more than fifty percent (50%) of the replacement cost at the time of destruction.

(1957 Code, App. A. §4(5); Ord. No. 7122 §2, 4-12-04)

(a)

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent (10%) of the current replacement cost of the nonconforming structure or nonconforming portion of the structure, as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

(b)

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

(c)

Nothing herein 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.

(1957 Code, App. A §4(6))

(a)

Any use which is permitted as a use by review in a district under the terms of this Title (other than a change through Zoning Board of Appeals action from a nonconforming use to another use not generally permitted in the district and other than limited permit uses) shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

(b)

Any use which is permitted as a use by review under the terms of this Title at the time of adoption of the ordinance from which this Title derives shall be deemed a use by right.

(1957 Code, App. A §4(7))