Any use of land or structures, or any lot or structure which existed on March 24, 1980 or later amendment of this chapter which would not be permitted or permissible by the provisions of this chapter as adopted or amended, shall be deemed nonconforming. It is the intent of this chapter to permit such nonconformities to continue, subject to certain restrictions.

Where on March 24, 1980 or later amendment of this chapter a use of land exists which would not be permitted or permissible in the district in which it is located, and where such use involves a structure with a replacement value of less than $10,000.00, such as may be continued subject to the following restrictions.

(1)

Such use shall not be enlarged, increased, nor extended to occupy a greater area of the lot than was occupied at the effective date of adoption or amendment of this chapter.

(2)

Such use shall not be moved in whole or in part to any other portion of the lot other than that portion occupied by such use at the effective date of adoption or amendment of this chapter.

(3)

When such use of land is discontinued or abandoned for a period of more than 180 consecutive days for any reason whatever, or when such use is replaced by a permitted or permissible use, a nonconforming use shall not thereafter be resumed.

(4)

No additional structure in connection with such use shall be erected.

Where on March 24, 1980 or later amendment of this chapter the use of a structure exists which would not be permitted or permissible in the district in which it is located, and where such use involves a structure with a replacement value exceeding $10,000.00, such use may be continued subject to the following restrictions:

(1)

In the single-family residential district (R-1) and the multifamily residential district (R-3) such use shall not be enlarged or extended in a manner that will increase the degree of nonconformity. All nonconforming accessory uses in the R-1 or R-3 districts shall become conforming when the primary use is sold or there is a change in ownership.

(2)

In all other districts, such use shall not be enlarged or extended to more than 50 percent of the floor area devoted to such use at the effective date of adoption or amendment of this chapter. Any enlargement or extension of use and any structural alteration in connection with such enlargement or extension, shall require approval by the board of appeals and, if applicable, comply with section 78-34.

(3)

When such use of a structure is discontinued or abandoned for a period of 12 consecutive months for any reason whatever, or when such use is replaced by a permitted or permissible use, the nonconforming use shall thereafter not be resumed.

Where on March 24, 1980 or later amendment of this chapter, a structure exists which could not be erected in the district in which it is located, by reason of restriction on lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may continue in existence subject to the following restrictions:

(1)

Such structure shall not be altered in any manner which would increase the degree of nonconformity. Any other structural alteration shall require approval by the plan commission.

(2)

If such structure is destroyed or damaged to an extent of less than 50 percent of its replacement cost at the time of destruction, it may be reconstructed provided any reconstruction shall substantially reflect the prior structural arrangement and shall not increase the degree of nonconformity. If such structure is destroyed or damaged to an extent of more than 50 percent of its replacement cost at the time of destruction, any reconstruction shall require approval by the plan commission.

(a)

In any residential district, a single-family dwelling and customary accessory structures may be erected on a single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements of lot area, lot width, or both for the district in which it is located, provided such lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership, and provided all other requirements for the district are met. Variance of yard requirement shall be obtained only through action by the board of appeals.

(b)

If two or more lots, or combinations of lots and portions of lots with continuous frontage in single ownership are of record on March 24, 1980 or later amendment of this chapter, the lands involved shall be considered to be an individual parcel for the purposes of this chapter, and no portion of such parcel shall be used, divided, or sold which does not meet the lot area and lot width requirements for the district in which it is located.

(a)

No nonconforming signs shall be altered in any manner which would increase the degree of nonconformity. If such sign is destroyed or damaged to an extent of more than 50 percent of its replacement cost at the time of destruction, such sign shall be replaced as a conforming sign. If a nonconforming sign is destroyed or damaged to an extent of less than 50 percent of its replacement cost at the time of destruction, it may be reconstructed provided any reconstruction does not increase the degree of nonconformity which previously existed.

(b)

Any nonconforming sign, the original cost of which was less than $1,000.00 shall be removed or altered to comply with the provisions of this chapter no later than March 24, 1983. Signs that originally cost from $1,000.00 to $3,000.00 shall be removed or altered to comply with the provisions of this chapter no later than March 24, 1985. Signs that originally cost more than $3,000.00 shall be exempt from this amortization schedule, but shall be subject to the provisions of subsection (a) above.

Nothing in this chapter shall be deemed to prevent normal maintenance or repair of any structure or to prevent restoring to a safe condition any structure declared to be unsafe.

Any use or structure existing on March 24, 1980 or later amendment of this chapter which is classified as a special exception in the district in which it is located shall be deemed to have been granted approval by the plan commission, subject to maintaining the character and extent of such use or structure existing on that date. Any extension, enlargement or change in such use or structure shall require approval of the plan commission as provided in this chapter.