This title establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. Within such districts, however, there exists lots, structures, uses of land and structures, and characteristics of uses which were lawful before this title was passed or amended, but which are prohibited, regulated or restricted under the terms of this title or future amendments hereto.

Recognizing both the legitimate interest of those who lawfully established such a nonconformity and the need to protect the public health, safety, comfort and general welfare, the provisions of this chapter are intended to provide for the regulation of nonconformities within the following:

   A.   It is the intent of this chapter to permit most nonconformities to continue until they are removed, but not to encourage their survival.

   B.   It is the intent of this chapter that nonconformities 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.

   C.   It is recognized and declared that those nonconformities which substantially and adversely affect the orderly development, maintenance, use and taxable value of other property in the district (property that is itself subject to the regulations of this title) should eventually be eliminated. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

Any nonconforming structure or principal use which exists lawfully at the time of the adoption of this title and which remains nonconforming or which shall become nonconforming upon the adoption of this title or any subsequent amendment thereto, may be continued only in accordance with the provisions of subsections A and D of this section.

Any use of the property other than the principal use shall be brought into conformity immediately unless otherwise provided for in this title.

   A.   Nonconforming Structures: No nonconforming structure shall be:

      1.   Structurally altered;

      2.   Added to or enlarged in any manner;

      3.   Moved or relocated, in whole or in part; or

      4.   Restored or reconstructed if damaged or destroyed if the cost of reconstruction or restoration will exceed fifty percent (50%) of the replacement cost of the entire structure at that time.

   B.   Nonconforming Use Of Land: No nonconforming use of land shall be:

      1.   Renewed if abandoned for a period of six (6) consecutive months;

      2.   Expanded or extended beyond the area it occupied on the effective date hereof; or

      3.   Changed, except if such change will make the use conforming.

   C.   Nonconforming Use Of Building Or Structure: No nonconforming use of a building or structure shall be:

      1.   Renewed if abandoned for a continuous period of one year;

      2.   Expanded or extended into any part of a building or structure not occupied by such use on the effective date hereof; or

      3.   Changed, except if such change will make the use conforming.

   D.   Exceptions:

      1.   Structural alterations or repairs of a nonconforming building required by law shall be permitted.

      2.   Structural alteration, additions, enlargements, and restoration in excess of fifty percent (50%) of value at the time of such action may be made to a nonconforming building upon the approval of the board of zoning appeals, provided that:

         a.   Such nonconforming building is located in a residential district and is occupied by a permitted or special use;

         b.   The proposed alterations, addition, enlargement or reconstruction does not adversely affect the value, use and enjoyment of surrounding property; and

         c.   In the case of restoration in excess of fifty percent (50%) of value the reconstruction shall be upon the original foundation which must still be usable for such purposes.

      3.   Provided that the result is to change the status of a structure or use from nonconforming to conforming, such a structure or use may be:

         a.   Structurally altered;

         b.   Added to or enlarged;

         c.   Moved or relocated, in whole or in part;

         d.   Expanded or extended;

         e.   Changed; or

         f.   Restored or reconstructed.

      4.   When the cost of reconstructing or restoring a damaged, nonconforming structure is less than fifty percent (50%) of the replacement cost of the entire structure, it may be restored or reconstructed if initiated within one year of partial destruction and diligently pursued to completion. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

"Nonconforming lots of record" as herein defined may be used as permitted in subsection 11-4-3B of this title and in accordance with the following:

   A.   Separate Ownership: A nonconforming lot of record owned separately and individually from all adjoining tracts of land shall be subject to the following provisions:

      1.   Residential Districts: In residential districts, a nonconforming lot of record may be used for a single-family dwelling and accessory use.

      2.   Nonresidential Districts: In a nonresidential district, a nonconforming lot of record may be used for any permitted, accessory, special or temporary use allowed in the district in which it is located.

      3.   Zoning Requirements: All zoning requirements other than those which make the lot of record nonconforming shall apply.

      4.   Undeveloped Lots: Undeveloped nonconforming lots of record in all zoning districts shall provide and maintain all setbacks as required for that particular zoning district. Further required is that all corner yards must be maintained according to the setbacks required for that particular zoning district.

      5.   Variance: Variance from any other requirements shall be obtained only through the procedures as outlined in chapter 13, "Administration And Enforcement", of this title.

   B.   Common Ownership:

      1.   Where two (2) 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 title, and where all or part of the lots do not meet the requirements established for lot widths and area, the lands involved shall be considered to be a single zoning lot for the purpose of this title. No portion of said zoning lot shall be used or sold which would diminish compliance with lot width and area requirements established by this title.

      2.   Lots or parts of lots resulting from the division of such nonconforming lots held in common ownership at the time of or subsequent to the effective date hereof shall not be entitled to zoning certificates or building permits as provided elsewhere in this title.

      3.   The use and zoning requirements of these lots shall be the same as those specified in section 11-11-2 of this chapter.

   C.   Construction, Repair And Alteration: Construction of new buildings or repair of existing buildings that are being used for permitted uses but are located on nonconforming lots of record shall be permitted. If any building is damaged or destroyed, it may be rebuilt for its original permitted use to the extent of its original development, or a new building may be constructed for any use to the extent permitted in subsection A of this section. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

Whenever a nonconforming use or a nonconforming structure is changed so as to conform to the regulations of the district in which it is located, such structure or premises shall not thereafter be used, occupied or altered so as to become nonconforming. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

Any nonconforming building, structure or use may be converted to a special use pursuant to the appropriate procedure set forth in section 11-13-8 of this title. This conversion may occur only when it is shown that the nonconforming building, structure or use is providing a service to the area, and that the building, structure or use is not substantially detrimental to the surrounding properties. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   A.   Nonconforming Signs: Nonconforming signs shall be removed, altered or converted to conforming signs as provided in chapter 10 of this title.

   B.   Nonconforming Use Of Land: A nonconforming use of land on which there is no building or structure shall be made to conform to the provisions of this title within a period of two (2) years after the adoption of this title.

   C.   Nonconforming Parking Surfaces: Nonconforming parking surfaces shall be removed, altered or converted to conforming surfaces as provided in section 11-9-5 of this title.

   D.   Nonconforming Fences: Nonconforming fences shall be removed, altered or converted to conforming fences as provided in chapter 4 of this title. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)