(a)

Within the districts established by this chapter or amendments that may later be adopted if there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before the effective date of the ordinance from which this chapter derives or this chapter was amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment, it is the intent of this article to permit those nonconformities to continue until they are removed, but not to encourage their survival. It is further 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.

(b)

Nonconforming uses are declared by this section to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after the effective date of the ordinance from which this article derives 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 be prohibited generally in the district involved.

(c)

To avoid undue hardship, nothing in this chapter 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 ordinance from which this article derives or the effective date of an amendment of this chapter 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 excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

(Code 2002, § 102-686; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-657), 12-20-2017)

(a)

In any zoning district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of the ordinance from which this chapter derives or the effective date of amendment of this chapter, notwithstanding limitations imposed by other sections of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This 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 lot is located. Variance of yard requirements shall be obtained only through action of the board of adjustments.

(b)

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the effective date of the ordinance from which this chapter derives or the time of amendment of this chapter and if all or parts of the lots 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 chapter, and no portion of such parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.

(Code 2002, § 102-687; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-658), 12-20-2017)

Where on the effective date of the ordinance from which this chapter derives lawful use of land exists which would not be permitted by the regulations imposed by this chapter and where such use involves no individual structure with a replacement cost exceeding $1,000.00, the use may be continued so long as it remains otherwise lawful, provided:

(1)

No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of the ordinance from which this article derives or the effective date of an amendment of this chapter.

(2)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of the ordinance from which this article derives or the effective date of an amendment of this chapter.

(3)

If any such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations in the district in which such land is located.

(4)

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

(Code 2002, § 102-688; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-659), 12-20-2017)

Where a lawful structure exists on the effective date of the ordinance from which this article derives or the effective date of an amendment of this chapter because of restrictions on areas, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following:

(1)

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.

(2)

Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with this chapter.

(3)

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.

(Code 2002, § 102-689; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-660), 12-20-2017)

If a lawful use involving individual structures with a replacement cost of $1,000.00 or more or of a structure and premises in combination exists on the effective date of the ordinance from which this article derives or at the effective date of an amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following:

(1)

No existing structure devoted to a use not permitted by this chapter 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.

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on the effective date of the ordinance from which this article derives or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(3)

If no structural alterations are made, any nonconforming use of a structure or structure and premises may, as a special exception, be changed to another nonconforming use, provided that the board of adjustments, either by general rule or by making findings in the specific case, 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 adjustments may require appropriate conditions and safeguards in accordance with this chapter.

(4)

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.

(5)

When a nonconforming use of a structure or structure and premises in combination is discontinued or abandoned for six consecutive months or for 18 months during any three-year period, except when government action impedes access to the premises, the structure or structure and premises in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(6)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent, or other figure, of the replacement cost at time of destruction.

(Code 2002, § 102-690; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-661), 12-20-2017)

(a)

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure, as the case may be, provided that the cubic content existing when it becomes nonconforming shall not be increased.

(b)

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly-authorized official to be unsafe or unlawful because of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

(c)

Nothing in this chapter 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.

(Code 2002, § 102-691; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-662), 12-20-2017)

Any use which is permitted as a conditional use in a district under the terms of this chapter, other than a change through board of adjustments action from a nonconforming use to another use not generally permitted in the district, shall not be deemed a nonconforming use in such district, but shall be, without further action, considered a conforming use.

(Code 2002, § 102-692; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-663), 12-20-2017)