The purpose of this chapter is to provide for the eventual and equitable elimination of lots, uses of land and structures which do not conform to the provisions of this Zoning Code but which were in operation prior to the enactment of this Zoning Code. Nonconforming lots, uses of land and structures are declared to be incompatible with the permitted uses of the district involved. It is further the purpose of this chapter that nonconforming lots, uses of land and structures shall not be enlarged upon, extended or used as a basis for adding other structures or uses prohibited in the same district.

(Ord. 1-91, passed 3-4-1991)

   (a)   Nonconforming lots. In any one-family or multiple-family district, one-family and two-family dwellings may be erected on any single lot of record existing on the effective date of adoption or amendment of this Zoning Code, even though the lot fails to meet the requirements for area and width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving the area and width of the lot conform to the regulations for the district in which the lot is located. The Board of Zoning Appeals may grant a variance where the strict application of the provisions of this Zoning Code would result in practical or unnecessary hardship in complying with the minimum yard requirements for the district in which the lots are located.

   (b)   Nonconforming uses of land. The lawful use of any land existing on the effective date of adoption or amendment of this Zoning Code may be continued although the use does not conform to the provisions of this Zoning Code, provided that the following provisions are met:

      (1)   A.   A nonconforming use shall not be extended, enlarged or increased to occupy a greater area of land than was occupied on the effective date of this Zoning Code, with the following exceptions:

            1.   A manufactured home existing as a nonconforming use may be replaced by a larger manufactured home, provided that all setback requirements for that district are in compliance.

            2.   An existing conditional use church, in a residential neighborhood, not located on a major or minor arterial thoroughfare, may be extended or expanded to occupy a greater area of land, provided that all setback requirements for that district are in compliance.

         B.   The extension of a lawful use to any portion of a nonconforming structure which existed prior to the enactment of this Zoning Code shall not be deemed to be the extension of the nonconforming use. However, a nonconforming use may be extended, enlarged or increased to occupy a greater area of land than was occupied on the effective date of this Zoning Code in the event the same is required by law.

      (2)   Whenever a nonconforming use has been discontinued for a period of two years or more, the discontinuance shall be considered as conclusive evidence of an intention to abandon legally the nonconforming use. At the end of the two-year period, any subsequent use of the land shall conform to the provisions of this Zoning Code for the district in which the land is located.

      (3)   Nonconforming uses existing and established after the effective date of this Zoning Code shall be declared illegal nonconforming uses and shall be discontinued no more than 20 days following the date of inspection of the use.

      (4)   A nonconforming use destroyed or damaged by fire, collapse, explosion or acts of nature, to the extent of 100% of its replacement cost, exclusive of the foundation at the time of destruction, may be reconstructed and the nonconforming use continued although the use does not conform to the provisions of this Zoning Code, subject to the following conditions:

         A.   The reconstruction of a nonconforming use shall not be extended, enlarged or increased to occupy greater lot coverage than was occupied on the effective date of this Zoning Code.

         B.   Reconstruction shall begin on a nonconforming use within one year from the date the nonconforming use was destroyed or damaged by fire, collapse, explosion or acts of nature.

      (1)   A nonconforming structure may not be altered or enlarged in a manner which increases its nonconformity.

      (2)   A nonconforming structure destroyed or damaged by fire, collapse, explosion or acts of nature, to the extent of 100% of its replacement cost, exclusive of the foundation at the time of destruction, may be reconstructed and the nonconforming structure continued although the structure does not conform to the provisions of this Zoning Code, subject to the following conditions:

         A.   The reconstruction of a nonconforming structure shall not be extended, enlarged or increased to occupy greater lot coverage than was occupied on the effective date of this Zoning Code.

         B.    Reconstruction shall begin on a nonconforming structure within one year from the date the nonconforming structure was destroyed or damaged by fire, collapse, explosion or acts of nature.

      (3)   Should the structure be moved or transported for any reason and for any distance whatsoever, it shall thereafter conform to the provisions for the district in which it is located after it is removed.

   (d)   Nonconforming uses of structures and land. The lawful use of a structure or of a structure and land, existing on the effective date of adoption or amendment of this Zoning Code, may be continued although the use does not conform to the provisions of this Zoning Code, providing that the following provisions are met:

      (1)   Whenever a nonconforming use of a structure and land in combination has been discontinued for six consecutive months, or for 18 months during any three-year period, the structure and premises in combination shall not be re-established or used except in conformity with the provisions of the district in which it is located.

      (2)   Any nonconforming use of a structure and land in combination may be changed to another nonconforming use of the same or a more restrictive classification than the existing nonconforming use by the Board of Zoning Appeals. In permitting such a change, the Board may require that the more restrictive nonconforming use meet certain conditions and requirements in accordance with the provisions of this Zoning Code.

      (3)   Where a nonconforming structure and use exist, the removal or destruction of the structure shall eliminate the nonconforming status of the land.

(Ord. 1-91, passed 3-4-1991; Ord. 30-2007, passed 9-17-2007; Ord. 20-2016, passed 10-3-2016)

   (a)   Nothing in this chapter shall prevent the strengthening or restoration to a safe condition of any building or structure or part thereof declared to be unsafe by an official charged with protecting the general health, safety and public welfare of the community.

   (b)   Ordinary repairs and the replacement of non-bearing walls, fixtures, wiring or plumbing may be done on any building or part thereof devoted to a nonconforming use, provided that the cubic content of the building as it existed on the effective date of adoption or amendment of this Zoning Code shall not be increased.

   (c)   Nothing in this chapter shall prohibit the completion or construction and use of a nonconforming building for which a zoning certificate has been issued prior to the effective date of adoption or amendment of this Zoning Code, provided that construction is commenced within 30 days after the issuance of the certificate, and that the entire building or structure shall have been completed within one year from the date the zoning certificate was issued.

(Ord. 1-91, passed 3-4-1991)

   Within one year after the enactment of this Zoning Code, an owner of any nonconforming use (at the time of the adoption of this Zoning Code) shall apply to the Zoning Inspector for a nonconforming use certificate and the Zoning Inspector shall issue the certificate without charge.

(Ord. 1-91, passed 3-4-1991)

   Where a special exception or conditional use certificate has been granted for any use, as provided in this Zoning Code, the use shall not be classified as a nonconforming use within the district in which it is located.

(Ord. 1-91, passed 3-4-1991)