Within the various districts established by this Zoning Ordinance, or amendments that may later be adopted, there exist structures and uses of land and structures which were lawful prior to the adoption of this Zoning Ordinance but which would now be prohibited, regulated or restricted under the provisions of this Zoning Ordinance. It is the intent of this Zoning Ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared to be incompatible with permitted uses in the districts involved. It is further the intent of this Zoning Ordinance that such nonconformities shall not be enlarged upon, expanded, or extended.
1. Land Restrictions in Residence Districts. The lawful use of land, upon which no building or structure is erected or constructed, which becomes nonconforming under the terms of this Zoning Ordinance, as adopted or amended, may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. 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 adoption or amendment of this Zoning Ordinance.
B. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel which was not occupied by such use at the effective date of adoption or amendment of this Zoning Ordinance.
C. If any such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the district in which such land is located.
2. Structure or Structure and Land Restrictions in Residence Districts. If a lawful use of a structure, or of a structure and land in combination, exists at the effective date of adoption or amendment of this Zoning Ordinance, that would not be allowed in the district under the terms of this Zoning Ordinance, the use may be continued for so long as it remains otherwise lawful, subject to the following provisions:
A. No existing structure devoted entirely or in part to a use not permitted by this Zoning Ordinance in the district in which it is located, except when required by law, shall be enlarged, extended, reconstructed, moved, or structurally altered, unless the use is changed to a use permitted in the district in which such structure 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 the Zoning Ordinance. No such use shall be extended to occupy any land outside such building.
C. If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of a similar nature within the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.
D. In the event that a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for a period of one year, the use of the same shall thereafter conform to the uses permitted in the district in which it is located. 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.
E. Any structure devoted to a use made nonconforming by this Zoning Ordinance that is destroyed by any means to an extent of sixty percent or more of its replacement cost at the time of destruction, exclusive of the foundations, shall not be reconstructed and used as before such destruction. If the structure is less than sixty percent destroyed above the foundations, it may be reconstructed and used as before, provided that it is done within six months of such destruction, and is built of like or similar materials.
3. Structure Restrictions in Residence District. Where a structure exists at the effective date of adoption or amendment of the Zoning Ordinance that could not be built under the terms of this Zoning Ordinance by reason of restriction on area lot coverage, height, yards or other characteristics of the structure or its location or the lot, such structure may be continued so long as it remains lawful, subject to the following provisions:
A. No such structure may be enlarged or altered in a way which increases its nonconformity.
B. Should such structure be destroyed by any means to an extent of sixty percent or more of its replacement cost at time of destruction, exclusive of the foundations, it shall not be reconstructed except in conformity with the provisions of this Zoning Ordinance. If the structure is less than sixty percent destroyed above the foundation, it may be reconstructed as before; provided, that it can be done within six months of such destruction, and that it is built of like or similar materials.
4. Land Restrictions in Non-Residence Districts. The regulations governing nonconforming uses of land in any residence district, as described in subsection 1 of this section shall also apply to any district which is not a residence district.
5. Use of Structures in Non-Residence Districts. The regulations governing nonconforming uses of structures in any residence district, as described in subsection 2 of this section shall also apply to any district which is not a residence district with the following exception: Any structure in any district other than a residence district devoted to a use made nonconforming by this Zoning Ordinance may be structurally altered or enlarged in conformity with the lot area, lot coverage, frontage, yard, height and parking requirements of the district in which located, provided that such construction shall be limited to buildings on land owned of record by the owner of the land devoted to the nonconforming use prior to the effective date of the Zoning Ordinance. Such structural alteration or enlargement shall not authorize the substitution of a nonconforming use that is less restrictive than the one to which the structure was devoted at the time of passage of this Zoning Ordinance.
6. Structures in Non-Residence Districts. The regulations governing nonconforming structures in any residence district, as described in subsection 3 of this section shall also apply to any district which is not a residence district.
7. Non-Applicability. Nothing in this Zoning Ordinance shall be deemed to prevent the 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.
8. Continuance of Unauthorized Uses Prohibited. Any use of land, use of structure, or structures, in existence at the time of adoption of the Zoning Ordinance and which was not an authorized nonconformity under previous zoning ordinances, shall not be authorized to continue its nonconformity status pursuant to the Zoning Ordinance or amendments thereto.