(A) Purpose.
(1) Within the districts established by this chapter, lots, structures and uses of land and structures may exist which were lawful at the time this chapter was adopted or amended, but which would be prohibited or regulated under the terms of this chapter or future amendment. The intent of this section is to permit these nonconformities to continue until they are removed, but not to encourage their survival. This chapter further intends that nonconformities shall not be enlarged, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(2) Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the same district. However, 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 adoption or amendment of this chapter and 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, demolition or removal of an existing building has substantially begun preparatory to rebuilding, such excavation or demolition or removal shad be deemed to be actual construction, provided that work shall be carried on diligently.
(B) Nonconforming lots of record.
(1) In any district, notwithstanding other limitations imposed by this chapter, structures permitted in a district may be established on any single lot of record on the effective date of this chapter. The lot must be in separate ownership and not of contiguous frontage with other lots of the same ownership. A lot of record that does not meet lot area or lot width requirements must meet all other requirements of the district.
(2) If two or more nonconforming lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if any 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 this parcel shall be used or sold in a manner which diminishes compliance; nor shall any division of any parcel be made which creates a lot with width or area that fails to meet the requirements stated in this chapter.
(C) Nonconforming uses of land and structures. Where, at the time of passage of this chapter, a lawful use of land or a structure exists which would not be permitted by the regulations imposed by this chapter, the use may be continued where it remains otherwise lawful, provided:
(1) A nonconforming use may not be enlarged or increased, nor extended to occupy a greater area of land or structure than was occupied on the effective date of adoption or amendment of this chapter;
(2) No nonconforming use may be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use on the effective date of adoption or amendment of this chapter;
(3) Should any nonconforming use cease for any reason for a period of more than one year, any subsequent use of the land or structure shall conform to the regulations specified by this chapter for the district in which such land is located; and
(4) No additional nonconforming structure shall be erected in connection with such nonconforming use of land or structures.
(D) Nonconforming structures. Where a lawful structure exists on the effective date of adoption or amendment of this chapter but becomes nonconforming under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, location on the lot or other requirements concerning the structure, such structure may be continued, provided it remains otherwise lawful, subject to the following provisions.
(1) A nonconforming structure may not 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 a nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in compliance with the provisions of this chapter.
(3) Should a 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.
(4) Nothing in this chapter shall be deemed to prevent the routine repair and maintenance of a nonconforming structure.
(5) 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 officials charged with protecting the public safety, upon order of such official.
(Ord. 2007-03, passed 1-14-2008)