A. Intent: If within the districts established by this code or amendments that may later be adopted, there exist lots, structures, uses of land or structures, and characteristics of use which were lawful before this title was passed or amended but which would be prohibited, regulated, or restricted, it is the intent of this title to permit these nonconformities to continue until they are removed but not to encourage their survival under the terms of this title. It is further the intent of this title 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, except as provided.
Nonconforming uses are declared by this title to be incompatible with permitted uses in the districts involved. A nonconforming use of structure and land in combination shall not be extended or enlarged after the passage date hereof by attachment on a building or by the addition of other uses of a nature which would be prohibited generally in the district involved, except as provided.
B. Nonconforming Lots Of Record: In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on a lot of record which becomes nonconforming as to lot area or lot width or both by the adoption or subsequent amendment of this title or in any other residential district a building and customary accessory buildings may be erected on a lot of record which becomes nonconforming as to lot width by the adoption of subsequent amendment of this title, provided that the building, housing, mechanical, electrical, plumbing, and other construction standards and requirements can be met and provided further that if such nonconforming lot of record is at the time of adoption of this title or hereafter vacant and has contiguous lots of record which are in common ownership or unified control, then such contiguous lots of record or at least such portion thereof as is necessary to meet or exceed the minimum lot area and width requirements of the district in which they are located shall be used and developed only as a single lot. Any person who conveys property or terminated the unified control of such contiguous lots of record so as to frustrate the purpose of the foregoing provision shall be deemed to have violated the provisions of this title.
C. Nonconforming Uses Of Land: Where at the time of passage of this title or subsequent more restrictive amendment thereto, a lawful use of land exists which would not be permitted by the regulations imposed, the use may be continued so long as it remains otherwise lawful, provided:
1. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date hereof.
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 hereof.
3. If any such nonconforming use of land ceases for any reason for a period of more than thirty (30) consecutive days, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located.
4. No additional structure not conforming to the requirements of this title shall be erected in connection with such nonconforming use of land.
D. Nonconforming Structures: Where a lawful structure exists at the effective date hereof that could not be built under the terms of this title by reasons of restrictions on the area, lot coverage, height, yards, its location on the lot or other zoning requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
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 fifty percent (50%) of its fair cash market value prior to the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.
3. Should such nonconforming 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.
E. Nonconforming Uses Of Structures: If a lawful use involving individual structures with a fair cash market value cost one thousand dollars ($1,000.00) or more, or of structure and land in combination, exists at the effective date hereof that would not be allowed in the district under the terms of this chapter, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions:
1. No existing structure devoted to a use not permitted by this title 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 is manifestly arranged or designed for such use at the time of adoption or amendment of this title, but no such use shall be extended to occupy any land outside such building.
3. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three (3) year period (except when government action impeded 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.
4. 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 E4 is defined as damage to an extent of more than fifty percent (50%) of the fair cash market value at the time of destruction.
F. Nonconforming Off Street Parking And Loading Areas:
1. In any district where off street parking or loading areas or four (4) or more spaces are provided, such areas and private drives or accessways from the public right of way to or through these parking areas, shall be required to fully comply with the design and construction requirements of this title for off street parking and loading.
2. In any residential zoning district, all off street parking areas of three (3) or fewer spaces and private drives or accessways from the public right of way to or through these parking areas, shall be required to comply with the design, construction, and maintenance standards provided in this title, but only in the event a building permit is required for alteration of an existing garage or construction of a new garage accessory to the residential uses. This subsection is subject to the common drive.
G. Repairs And Maintenance: On any nonconforming structure or portion of a structure containing a nonconforming use, ordinary repairs, or repair or replacement of nonbearing walls, fixtures, wiring or plumbing may be made to an extent not exceeding fifty percent (50%) of the fair cash market value of the nonconforming structure provided that the cubic content existing when it became nonconforming shall not be expanded. (Ord. 244, 6-10-2003; amd. Ord. 313, 3-12-2009; Ord. 314, 3-23-2009)