A. Conformance Required: Except as specified in this title, no land use, building, or structure shall be erected, extended, converted, enlarged, moved or structurally altered which does not comply with all the regulations established by this title for the district in which the building or land is located.
B. Continuing Existing Nonconforming Uses: The lawful use of land, building, or structure existing at the time of the enactment of the zoning ordinance may be continued even though such use may not conform with the regulations of this title. Any use in existence at the adoption of the zoning ordinance which was not an authorized “nonconforming use” under previous zoning ordinances, shall not be authorized to continue as a nonconforming use in accordance with this title, or amendments in this section. If no structural alterations are made, any nonconforming use of a building or structure may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restrictive use or to another conforming use, such use shall not be changed to a less restrictive use. When a nonconforming use of land, building or structure is discontinued or abandoned for six (6) months, the building, structure, and premises in combination shall not be used except in conformance with the regulations in the district in which it is located. Where nonconforming use status applies to a building, structure and premises in combination, removal of the structure shall eliminate the nonconforming status of the land. Any nonconforming building or structure damaged more than fifty percent (50%) of its replacement cost exclusive of the foundations at the time of damage by any means shall not be restored or reconstructed, except in conformity with the provisions of this title. If the structure is less than fifty percent (50%) damaged above the foundation, it may be restored, reconstructed or used as before, provided that reconstruction is completed within six (6) months of such happening, and is built of like or similar materials as appropriate to the zoning district.
C. Existing Building Permits:
1. Nothing contained in this section shall require any change in the overall layout, plans, construction, size or designated use of any building or part of, for which approval and required building permits have been granted before the effective date of this section. The construction in conformance with such plans shall have started prior to the effective date and completion carried on in a normal manner and not discontinued for any reason other than those beyond the builder’s control.
2. “Actual construction” is defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except where demolition or removal of an existing building has been substantially begun prior to rebuilding. Demolition or removal shall be deemed to be actual construction, provided that such work is diligently carried on until completion of the building.
D. Yard, Open Space And Parking: No part of a yard or other open space, off street parking or loading space required about or in connection with any building for the purpose of complying with this title shall be included as such required for any other building unless otherwise permitted through the development review and approval process.
E. Reduction In Yard Or Lot Requirements: No yard or lot existing at the time of passage of this title shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this title shall meet the minimum requirements established by this title. (Ord. 1098, 1-28-2021)