It is the intent of this Zoning Code to permit legal nonconforming lots, structures or uses to continue until they are removed, but not to encourage their survival.

   It is recognized that there exists within the districts established by this Zoning Code, and subsequent amendments, lots, structures and uses of land and structures which were lawful before this Zoning Code was passed or amended, which lots, structures and uses would be prohibited, regulated or restricted under this Zoning Code or future amendments.

   Such uses are declared by this Zoning Code to be incompatible with permitted uses in the districts involved. It is further the intent of this Zoning Code that nonconformities shall not be enlarged upon, expanded, extended or used as grounds for adding other structures or uses prohibited elsewhere in the same district.

   A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended or enlarged after the passage of this Zoning Code (Ordinance 458, passed January 4, 1989) by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would not be permitted generally in the district involved.

   To avoid undue hardship, nothing in this Zoning 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 the adoption or amendment of this Zoning Code and upon which actual building construction has been diligently carried on. "Actual construction," as used in this section, includes the placing of construction materials in a permanent position and fastened in a permanent manner. However, 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 work shall be diligently carried on until completion of the building involved.

(Ord. 458. Passed 1-4-89.)

   In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Zoning Code, a single-family dwelling and customary accessory buildings may be erected on any single lot of record on the effective date of adoption or amendment of this Zoning Code. This section 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 other requirements of the lot not involving area or width, or both, shall conform to the regulations for the district in which such lot is located. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Zoning Code, and if all or part of the lots do not meet the requirements for lot width and area as established by this Zoning Code, the land involved shall be considered to be an undivided parcel for the purpose of this Zoning Code. No portion of such parcel, which portion does not meet lot width and area requirements established by this Zoning Code, shall be used or occupied, nor shall any division of the parcel be made, which division leaves remaining any lot width or area below the requirements established by this Zoning Code.

(Ord. 458. Passed 1-4-89.)

   Where, on the effective date of adoption or amendment of this Zoning Code, a lawful use of land exists that is made no longer permissible under this Zoning Code as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   (a)   No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied on such effective date.

   (b)   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on such effective date.

   (c)   If such nonconforming use of land ceases for any reason for a period of more than twelve months, any subsequent use of such land shall conform to the regulations specified by this Zoning Code for the district in which such land is located.

(Ord. 458. Passed 1-4-89.)

   Where a lawful structure exists on the effective date of adoption or amendment of this Zoning Code, which structure could not be built under the terms of this Zoning Code by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure, or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

   (a)   No such structure may be enlarged or altered in a way which increases its nonconformity. Such structures may be enlarged or altered in a way which does not increase their nonconformity.

   (b)   If such structure is destroyed by any means to an extent of more than fifty percent of its replacement costs, exclusive of the foundation, it shall be reconstructed only in conformity with this Zoning Code, except that reconstruction on the existing foundation or footings shall be permitted, provided that such reconstruction is commenced within twelve months from the date of such damage.

   (c)   If such structure is 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.

(Ord. 458. Passed 1-4-89.)

   If a lawful use of a structure, or of a structure and land in combination, exists on the effective date of adoption or amendment of this Zoning Code, which use would not be permitted in the district under the terms of this Zoning 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 Zoning 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 parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this Zoning 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 a structure and land in combination, may be changed to another nonconforming use of the same or of a more restricted classification, provided that the Board of Zoning Appeals, either by general rule or by making findings in the specific case, finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board may require conditions and safeguards in accordance with the purpose and intent of this Zoning Code. Where a nonconforming use of a structure, land, or structure and land in combination, is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.

   (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 in which such structure is located, 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 ceases to exist for twelve consecutive months or for twenty-four months during any three-year period, 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. Structures occupied by seasonal uses shall be excepted from this provision.

   (f)   Where nonconforming use status applies to a structure and land in combination, the removal or destruction of the structure shall eliminate the nonconforming status of the land.

(Ord. 458. Passed 1-4-89.)

   On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding fifty percent of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this Zoning Code shall not be increased.

   Nothing in this Zoning Code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Ord. 458. Passed 1-4-89.)

   Any use for which a special exception is permitted as provided in this Zoning Code shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in the district in which it is located.

(Ord. 458. Passed 1-4-89.)

   There may be a change of tenancy, ownership or management of any existing nonconforming use of land, of a structure or of a structure and land in combination.

(Ord. 458. Passed 1-4-89.)