The requirements imposed by this Code are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various residential, business, and industrial districts. Lots, structures, and uses of land or structures that do not conform to the requirements of the district in which they are located impede appropriate development. For example, nonconformities are frequently responsible for heavy traffic on residential streets, the over-taxing of parking facilities, the emission of noxious fumes or excessive noise, and/or the lowering of property values. The regulations in this Article are intended to alleviate such existing/potential problems by encouraging the gradual elimination of nonconformities.

Any vacant lot that does not conform to one or more of the lot size requirements of the district in which it is located may be used in the manner indicated at Sections 40-6-3 and 40-6-4 if it:

   (A)   Is of record on the date of the adoption or amendment of this Code; and

   (B)   Has continuously remained in separate ownership from abutting tracts of land throughout the entire period during which the creation of such lot was prohibited by the applicable zoning code or other ordinances; and

   (C)   Is at least thirty (30) feet wide.

On any such lot located in any district, any permitted structures may be erected, provided all the bulk (see definitions) and setback regulations of the particular district are observed.

On any such lot located in the business or industrial districts, any structure permitted in the particular district may be erected if the bulk and setback requirements of that district are met.

If two or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the date of the enactment or amendment of this Code, and if one or more of those lots do not meet the minimum lot width, depth, and area requirements of the district in which they are located, the land involved shall be considered an undivided parcel for purposes of this Code. No portion of any such parcel shall be developed except in compliance with this Code, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this Code.

Any lawful structure which exists on the date of the enactment or amendment of this Code, but which could not be erected under the terms of this Code because of restrictions on lot size, height, setbacks, lot coverage, or other characteristics of the structure, or its location on the lot, may lawfully remain, subject to the following provisions:

   (A)   Enlargement, Alterations. No such structure shall be enlarged or altered in any way which increases its nonconformity.

   (B)   Relocation. No such structure shall be relocated unless, after relocation, it will conform to all the regulations of the district in which it is located.

   (C)   Reconstruction. No such structure which is destroyed or damaged by any means shall be reconstructed if the Zoning Administrator determines that the cost of such reconstruction exceeds fifty percent (50%) of the structure's market value at the time of loss, unless after reconstruction the structure will conform to all applicable regulations of the district in which it is located. In the event the Zoning Administrator deter-mines the estimated cost of reconstruction is less than fifty percent (50%) of the structure's market value at the time of loss, repairs or reconstruction shall be permitted, provided such work starts within six (6) months from the date the damage occurred and is diligently prosecuted to completion.

A bona fide construction contractor shall make the reconstruction cost estimate, and a licensed real estate appraiser shall determine the structure's market value at the time of loss. The owner of the damaged structure shall be responsible for transmitting these estimates to the Zoning Administrator. (Effective June 1, 1993)

If any lawful use occupying a structure exists on the date of the enactment or amendment of this Code, but would not be allowed under the terms of this Code, such a use may lawfully continue, subject to the following provisions:

   (A)   Maintenance. Any structure housing a nonconforming use may be maintained through ordinary repairs.

   (B)   Enlargement, Alteration, Reconstruction, Relocation. No structure housing a nonconforming use shall be enlarged, structurally altered, reconstructed or relocated unless the use of the structure is changed to a permitted use.

   (C)   Extension of Use. No nonconforming use may be extended to any part(s) of the structure not intended or designed to be devoted to such use, nor shall the nonconforming use be extended to occupy any land outside such structure.

   (D)   Change of Use. A nonconforming use occupying a structure shall not be changed except to a use permitted under the applicable district regulations.

   (E)   Discontinuance of Use. When a nonconforming use of a structure, or of a structure and premises in combination, is discontinued for twelve (12) consecutive months, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the nonconforming user shall not be counted in calculating the length of discontinuance.

For information specific to mobile homes refer to Section 40-4-12(A).

Any lawful use of land existing on the date of the adoption or amendment (June 1, 1993) of this Code that would not be permitted under the terms of this Code may lawfully continue, subject to the following provisions:

   (A)   Intensification or Extension of Use. A nonconforming use of land shall not be intensified, or extended to occupy a greater area of land than was occupied by such use on the date of the adoption or amendment of this Code.

   (B)   Relocation. No nonconforming use of land shall be moved, in whole or in part, unless, upon relocation, such use will conform to all pertinent regulations of the district in which it will be located.

   (C)   Change of Use. A nonconforming use of land shall not be changed except to a use that is permitted under the applicable district regulations.

   (D)   Discontinuance. When a nonconforming use of land is discontinued for a period of twelve (12) consecutive months, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the owner or operator shall not be counted in calculating the length of discontinuance.

The regulations of this Article shall not apply to any change in an existing structure or to any change in the use of structure or of land for which a permit was issued prior to the enactment of this Code or any pertinent amendment thereto, provided that the work authorized by such permit is carried out and completed with diligence.