This code establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. Within such established districts as well as those which may be established by future amendments, there are and will be lots, uses of land, structures, and uses of structures and land in combination which were lawful before this code was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this code or future amendments. Since such nonconformities are deemed incompatible with the districts in which they are located, it is the intent of this article to specify those circumstances and conditions under which such nonconformities shall be permitted to continue, but not to encourage their survival. Rather, it is the intent of this code to encourage either the conversion of nonconforming uses into conforming uses as soon as reasonably possible or encourage their eventual and equitable elimination.

(Res. 669-94-72, § 1201, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

   Any nonconforming lot, structure, or use which existed lawfully at the time of the adoption of this code and which remains nonconforming, as well as any which shall be nonconforming upon any subsequent amendments thereto, may be continued but 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. No additional signs intended to be seen from off the premises shall be utilized in conjunction with nonconforming uses of land or structures shall be permitted upon passage of this code.

(Res. 669-94-72, § 1202.01, effective 4-5-1995)

   In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on a single lot of record at the effective date of adoption or amendment of this code, notwithstanding limitations imposed by other provisions of this code. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. 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 lots is located. Variances of requirements listed in Articles VIII and IX of this code other than lot area or lot width shall be obtained only through action of the Board of Zoning Appeals as provided in §§ 1404 through 1409.

(Res. 669-94-72, § 1202.02, effective 4-5-1995)

   If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this code, and if all or part of the lots with no buildings 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 code, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot widths and area requirements established by this code, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this code.

(Res. 669-94-72, § 1202.03, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

   Where, at the time of adoption of this code, lawful uses of land exist which would not be permitted by the regulations imposed by this code, the uses may be continued so long as they remain otherwise lawful, provided:

   A.   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this code;

   B.   No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this code;

   C.   If any such nonconforming uses of land are discontinued or abandoned for more than two (2) years (except when government action impedes access to the premises), any subsequent use of such land shall conform to the regulations specified by this code for the district in which such land is located; and

   D.   No additional structure not conforming to the requirements of this code shall be erected in connection with such nonconforming use of land.

(Res. 669-94-72, § 1202.04, effective 4-5-1995; Res. 57-18-182, effective 1-5-2018)

   Where a lawful structure exists at the effective date of adoption or amendment of this code that could not be built under the terms of this code by reasons of restrictions on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;

   B.   Should such nonconforming structure or nonconforming portion of structure be destroyed by any means, it shall not be reconstructed except in conformity with the provision of this code; and

   C.   Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Res. 669-94-72, § 1202.05, effective 4-5-1995)

   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 code, 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 code 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.   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this code, but no such use shall be extended to occupy any land outside such building;

   C.   If no structural alterations are made, any nonconforming use of a structure or structure and land, may, upon appeal to the Board of Zoning Appeals, be changed to another nonconforming use, provided that the Board of Zoning Appeals shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accord with other provisions of the resolution;

   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 two (2) years (except when government action impedes 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.

(Res. 669-94-72, § 1202.06, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

   No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located.

(Res. 669-94-72, § 1202.07, effective 4-5-1995)

   No nonconforming use shall displace a conforming use.

(Res. 669-94-72, § 1202.08, effective 4-5-1995)

   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 non-bearing 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 an official charged with protecting the public safety, upon order by such official.

(Res. 669-94-72, § 1202.09, effective 4-5-1995)

   Whenever a building, the use of which does not conform to the provisions of this code, is damaged by fire, explosion, or act of God to the extent of sixty (60) percent or more of its accessed value, it shall not be restored except in conformity with the district regulations of the district in which it is located.

(Res. 669-94-72, § 1202.10, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

   Whenever a nonconforming use has been discontinued for a period of two (2) years or more, such discontinuance shall be considered legal abandonment of the nonconforming use. At the end of that two- year period, the nonconforming use shall not be reestablished, and any further use shall be in conformity with the provisions of this code.

(Res. 669-94-72, § 1202.11, effective 4-5-1995; Res. 57-18-182, effective 1-5-2018)

   Any sign which is nonconforming as to type, location, zoning district, size, setback, or for any other reason (except those signs that are an adjunct to the use of any valid nonconforming building or structure, in which case they shall be regulated by the provisions applicable to such structure) shall be altered, moved, converted, or removed within five (5) years of the date of adoption of this code.

(Res. 669-94-72, § 1202.12, effective 4-5-1995)

   To avoid undue hardship, nothing in this code 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 code and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently.