This article applies only to lots, buildings, structures, signs and nonbuilding uses in existence on February 14, 1977. The lawful use of any premises existing on February 14, 1977 may be continued as hereinafter provided although neither such use nor bulk conforms to this chapter.

(Code 1966, § 36-1100)

(a)

In residential districts:

(1)

In any residential district, notwithstanding the regulations imposed by any other provision of this chapter, a single-family, detached dwelling which complies with the restrictions in subsection (a)(2) may be erected on a lot that is not less than twenty-five (25) feet in width and that consists entirely of a tract of land that:

a.

Has less than the prescribed minimum lot area, width or depth, or all three (3); and that

b.

Is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning ordinance; and

c.

Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning ordinance or ordinances.

(2)

Construction permitted by subsection (a)(1) shall comply with all of the regulations (except lot area, width and depth) applicable to single-family dwellings in the zoning district in which the lot in question is located; provided, however, that the following side yard requirements shall apply in place of the side yard requirements otherwise applicable:

a.

The dwelling shall be placed on the lot so as to provide a yard on each side of the dwelling.

b.

The sum of the widths of the two (2) side yards on each lot shall be not less than the smaller of:

1.

Twenty-five (25) percent of the width of the lot; or

2.

The minimum total for both side yards prescribed by the bulk regulations for said zoning district.

c.

No side yard shall be less than ten (10) percent of the width of the lot, and in no case less than three (3) feet.

(b)

In districts other than residential districts:

(1)

In any district other than a residential district, notwithstanding the regulations imposed by any other provision of this chapter, a building designed for any permitted use may be erected on a lot of the type described in subsection (a).

(2)

Construction permitted by subsection (b)(1) shall comply with all of the regulations (except lot area, width and depth) applicable in the zoning district in which the lot in question is located; provided, however, that the width of any side yard need not be greater than that derived by applying the following formula (wherein the width of any side yard required = x):

(Code 1966, § 36-1101)

(a)

Authority to continue. Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which is located on a lot which does not comply with the applicable lot size requirements and/or the applicable bulk regulations, may be continued, so long as it remains otherwise lawful, subject to the restrictions in subsection (b) through (d).

(b)

Enlargement, repair, alterations. Normal maintenance and repairs, structural alterations, enlargement, or remodeling of a building or structure with nonconforming bulk is permitted if the same does not increase the degree of existing nonconformity or create any new nonconforming bulk in such building or structure, except that as to structures located on a lot that does not comply with the applicable lot size requirement, the side yard requirements shall be determined by subsection 42-577(a)(2) or 42-577(b)(2), whichever is applicable.

(c)

Damage or destruction. No buildings or structures occupied by a nonconforming use or nonconforming as to bulk, destroyed or damaged by fire or other causes to the extent of fifty (50) percent or more of last full value as shown by the assessor's records, excluding the assessed valuation of the land, shall be repaired or rebuilt except in conformity with this chapter, provided that structures located on a lot that does not comply with the applicable lot size requirements shall not in any event be required to provide a side yard that exceeds the yard requirements in subsection 42-577(a)(2) or 42-577(b)(2), whichever is applicable. Any building, structure or any part thereof occupied by a nonconforming use or nonconforming as to bulk which is damaged to an extent less than fifty (50) percent of last full value as shown by the assessor's records, excluding the assessed valuation of the land, may be repaired or restored provided that a zoning certificate is obtained and substantial reconstruction is undertaken within one (1) year after such damage and is diligently pursued to completion. Otherwise such building, structure or part thereof shall thereafter be occupied only by a conforming use, and shall conform to the bulk requirements of this chapter.

(d)

Moving. No structure described in subsection (a) shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

(Code 1966, § 36-1102)

(a)

Authority to continue. Any lawfully existing nonconforming use or part or all of a structure or any lawfully existing nonconforming use of land, not involving a structure or only involving a structure which is accessory to such use of land, may be continued, so long as otherwise lawful, subject to the regulations contained in subsections (b) through (i) and subsection 42-58(d).

(b)

Repair, maintenance and remodeling.

(1)

Normal maintenance and incidental repair, or replacement, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use; provided, however, that it does not extend the nonconforming use or violate any other provisions of this article.

(2)

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition (where such restoration will not be in violation of any other provision of this article).

(3)

No structure that is devoted in whole or in part to a nonconforming use shall be remodeled unless the entire structure and use thereof shall thereafter conform to all regulations of the zoning district in which it is located.

(c)

Extension or enlargement. No structure that is devoted in whole or in part to a nonconforming use shall be extended, expanded, enlarged or added to in any manner unless such structure and the use thereof conform to the regulations of the district in which it is located. Such prohibited activities shall include without being limited to:

(1)

Extension of such use to any structure or land area other than one occupied by such nonconforming use on February 14, 1977 (or on the effective date of a subsequent amendment hereto that causes such use to become nonconforming).

(2)

Extension of such use within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on February 14, 1977 (or on the effective date of a subsequent amendment hereto that causes such use to become nonconforming); provided, however, that such use may be extended throughout any part of such building or other structure that was lawfully and manifestly designed or arranged for such use on such date.

(d)

Damage or destruction. No building or structure occupied by a nonconforming use or nonconforming as to bulk, destroyed or damaged by fire or other causes to the extent of fifty (50) percent or more of last full value as shown by the assessor's records, excluding the assessed valuation of the land, shall be repaired or rebuilt except in conformity with these regulations; provided that structures located on a lot that does not comply with the applicable lot size requirements shall not in any event be required to provide a side yard that exceeds the yard requirements in subsection 42-577(a)(2) or 42-577(b)(2), whichever is applicable. Any building, structure or any part thereof occupied by a nonconforming use or nonconforming as to bulk, which is damaged to an extent less than fifty (50) percent of last full value as shown by the assessor's records, excluding the assessed valuation of the land, may be repaired or restored provided that a zoning certificate is obtained and substantial reconstruction is undertaken within one (1) year after such damage and is diligently pursued to completion. Otherwise such building, structure or part thereof shall thereafter be occupied only by a conforming use, and shall conform to the bulk requirements of these regulations.

(e)

Moving. No structure that is devoted in whole or in part to a nonconforming use, shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot, unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so moved. No nonconforming use of land shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

(f)

Change in use. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restricted classification. A nonconforming use, if changed to a conforming use or a more restrictive nonconforming use, may not thereafter be changed back to a less restricted use than that to which it was changed.

(g)

Abandonment or discontinuance.

(1)

When a nonconforming use of land, not involving a structure, or involving only a structure which is accessory to the nonconforming use of land, is discontinued or abandoned, for a period of twelve (12) consecutive months (regardless of any reservation of an intent not to abandon or to resume such use), such use shall not thereafter be reestablished or resumed, and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.

(2)

When a nonconforming use of a part or all of a structure which was designed and intended for a use which is permitted in the zoning district in which such structure is located, regardless of how it was originally used or is presently being used, is discontinued or abandoned for a period of twelve (12) consecutive months (regardless of any reservation of an intent not to abandon or to resume such use), such use shall not thereafter be reestablished or resumed, and any subsequent use or occupancy of such structure shall comply with the regulations of the zoning district in which such structure is located.

(3)

When a nonconforming use of a part or all of a structure which was not designed and intended for any use which is permitted in the zoning district in which such structure is located, regardless of how it was originally used or is presently being used, is discontinued or abandoned for a period of twenty-four (24) consecutive months (regardless of any reservation of an intent not to abandon or to resume such use), such use shall not thereafter be reestablished or resumed, and any subsequent use or occupancy of such structure shall comply with the regulations of the zoning district in which such structure is located.

(h)

Nonconforming accessory uses. No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate.

(i)

Nonconforming residential uses. Notwithstanding the provisions of subsections (b) and (c), any structure which is devoted to a residential use and which is located in a commercial or industrial district, may be remodeled, extended, expanded and enlarged; provided that after any such remodeling, extension, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work.

(j)

Status of newly created nonconforming uses. Notwithstanding the provisions of subsections (c) and (d), any structure which is devoted in whole or in part to a use which is made nonconforming by the enactment of this chapter, may be remodeled, extended, expanded, enlarged, repaired, or rebuilt; provided, however that the provisions of this section apply only to the use which existed on February 14, 1977.

(Code 1966, § 36-1103; Ord. No. 83-8957, § 1, 3-21-83)

(a)

Status of existing conditional uses. Where a use exists on February 14, 1977, and is permitted only as a conditional use in the zoning district in which it is located, such use shall not be deemed to be a nonconforming use, but shall, without further action, be deemed a lawful conforming use in such zoning district.

(b)

Status of future conditional uses. Any use for which a conditional use permit has been issued as provided in article XIII of this chapter shall not be deemed to be a nonconforming use, but shall, without further action, be deemed a lawful conforming use.

(Code 1966, § 36-1104)

(a)

When deemed nonconforming; exception. All existing signs which are not specifically permitted or which do not comply with all of the provisions of this chapter for the zoning district in which they are located as of April 17, 1990, shall be considered nonconforming signs. Provided, however, theatre marque signs in existence on April 17, 1990, and located in the C-4 district shall be deemed lawfully conforming signs, except for requirements pertaining to safety, structural integrity, and maintenance and shall not be subject to the abandonment requirements set forth in section 42-510.

(b)

Repairs and damage. Nonconforming signs may not, after February 14, 1977, be enlarged, structurally altered or extended unless such sign shall be made to comply with all of the provisions of this chapter, except that normal repairs and repainting of nonconforming signs are permitted. When a permanent nonconforming sign is destroyed or damaged by any means to the extent of fifty (50) percent or more of its present day replacement value, it shall not thereafter be restored unless such sign shall be made to conform to all of the provisions of this chapter.

(c)

Removal of nonconforming signs. Any sign that does not conform to the sign regulations for the zoning district in which it is located shall be removed in accordance with the following schedule:

(1)

A sign having a total area of twenty-four (24) square feet or less which is located in any residential district shall be removed within two (2) years from the date such sign became nonconforming with respect to this chapter.

(2)

All other signs located in any residential district shall be removed within four (4) years from the date such sign became nonconforming with respect to this chapter.

(d)

Nonconforming open storage yards, outdoor display or junk yards. Any nonconforming open storage yard, outdoor display or junk yard or any other nonconforming uses of land, not involving a structure or involving only structures which are accessory to such use of land shall be discontinued or made to conform to the regulations of the zoning district in which located within two (2) years from the date such use became nonconforming with respect to these regulations. However, no such use shall be required to terminate if within the period it shall be located within a completely enclosed building or surrounded by a solid fence screening the stored goods or materials from general view.

(Code 1966, § 36-1105; Ord. No. 90-9381, §§ 6, 9, 5-14-90)