(A) When, within the various districts established by this chapter, or amendments that may be later adopted, there exist lots, structures, or uses that were in conformity with the applicable zoning ordinance and regulations when created but which would be prohibited or do not conform to the requirements of this chapter or future amendment, it is the intent of this chapter to:

(1) Allow these nonconforming uses to continue until they are removed;

(2) Not encourage their survival or perpetuation;

(3) Insure that the nonconformities shall not be enlarged upon, expanded, or extended;

(4) Not permit the nonconformities to be used as grounds for adding other structures or uses prohibited elsewhere in the same district;

(5) Not permit the attachment of additional signs to the building or the placement of additional signs or display devices on the land outside the building or permit the addition of other uses if such additions are of a nature that would be prohibited generally in the district involved.

(B) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in plans, construction, or designated use of any building in which actual and lawful construction had begun prior to the effective date or adoption or amendment of this chapter and upon which construction has been diligently carried on.

(C) Existing buildings that are in violation of lot area requirements may be remodeled or repaired, but may not be reconstructed or structurally altered unless made to conform to the requirements of this chapter.

(D) If a nonconforming use is damaged or destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, then restoration must be for a permitted use.

(E) Each owner of a nonconforming use that was in existence before March 7, 1983, shall apply for a nonconforming use certificate. Application shall be made to DSD. DSD shall make final determination on all applications. A certified nonconforming use ceases to be valid only after abandonment (a period of six consecutive months for uses, or a period of 12 consecutive months for structures) and cannot subsequently be reestablished by the property owner where such use is otherwise prohibited. Prior to the issuance of a nonconforming use certificate, the Department shall confirm via submitted documentation that the nonconformity has been in continuous existence and shall subsequently affirm that the nonconformity continues to exist on an annual basis.

(F) Lots of record that have not been changed in size prior to 1981 shall be deemed conforming to the zoning district into which the lots were placed at the time of annexation. Individual lots that do not meet zoning standards independently and are adjacent to a lot under common ownership will be deemed combined for zoning and development purposes, and must be consolidated prior to any development activity on said lots.

(G) Public acquisition of right-of-way that makes a property fall below the required acreage of the zoning district does not make the lot nonconforming if all other standards in this title can be met.

(Ord. 18-20; Am. Ord. 18-28)