It is the intent of this title to permit nonconforming uses to continue until they are removed, but not to encourage their survival. It is further the intent of this title that nonconforming uses 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. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

Nonconforming uses are declared by this title to be incompatible with permitted uses in the districts in which such use is located. A nonconforming use shall not be extended or enlarged after passage of this title by attachment on a building or premises or additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

To avoid undue hardship, nothing in 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 adoption or amendment of this title and upon which actual building construction has been carried on diligently and with Building Permit. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record (see definition of lot of record) at the effective date of adoption or amendment of this title, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership (see section 10-7-5 of this chapter). This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

If two (2) or more lots or a combination of lots or portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this title and if all or part of the lots with no building 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 established by this title, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this title. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of this title that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   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, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

   B.   No nonconforming use shall be extended to occupy any additional land area;

   C.   If no structural alterations are made any nonconforming use of a structure or structure and land may, upon the issuance of a Conditional Use Permit (CUP) by the Commission, be changed to another nonconforming use, provided that, the Commission shall find that the proposed use is safe or safer (as per Building and Fire Codes) and equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Commission may require appropriate conditions and safeguards in accord with other provisions of this title;

   D.   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;

   E.   When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than one (1) year (except when government action impeded access to the premises), the structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located; and

   F.   Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

On any nonconforming structure, or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that, the cubic content existing when it became nonconforming shall not be increased. Nothing in this section 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. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

Any use which is permitted as a Conditional Use in a district under the terms of this title shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming use. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)