It is the intent of this ordinance to permit nonconforming uses or structures to continue until they are removed but not to encourage their survival. Nonconformities are declared by this ordinance to be incompatible with permitted uses in the districts involved. The lawful use of any structure or land in existence on the effective date of this ordinance may be continued subject to the following regulations:
(A) A nonconforming manufactured or mobile home shall not be changed to any other nonconforming use or structure. However, any nonconforming residential manufactured or mobile home may be replaced within ninety (90) days after its removal with another nonconforming residential manufactured or mobile home, provided the number of dwelling units is not increased.
(B) An existing permitted use in a structure which is on a nonconforming lot or which does not meet minimum yard requirements may be converted to another permitted use, as long as the structure is not enlarged.
(C) Any non-conforming structure, or any structure containing a nonconforming use, which has been damaged by fire or other causes may be reconstructed and used as before, if a permit is secured within six (6) months of the date of such damage, unless fifty percent (50%) or more of the structure, as determined by the Code Enforcement Director, has been destroyed. If more than fifty percent (50%) of the structure has been destroyed, future use of the structure or site must be in conformance with the zoning district regulations for the area. Nonconforming residential uses may be replaced with like uses in any district, subject to the approval of the Zoning Board of Appeals.
(D) When a nonconforming use of land ceases for a continuous period of ninety (90) days, subsequent use of the land shall conform to the regulations of the district in which the land is located.
(E) When the active operation of the use of a nonconforming structure is discontinued for ninety (90) consecutive days, the use shall not be resumed. The subsequent use shall conform to the regulations of the district in which the property is located.
(F) Nonconforming uses of land or structures existing at the time of adoption of this ordinance shall not hereafter be enlarged or extended in any way.
(G) Nothing in this section shall prevent work on a structure which is necessary to protect public safety upon the order of the Code Enforcement Director.
(H) Ordinary repairs to a nonconforming structure, such as repairs to interior walls, fixtures, wiring, or plumbing to meet building codes, may be permitted, provided the cubic content of the structure is not increased.
(I) A temporary use permit may be issued for a period not to exceed one (1) year for nonconforming buildings, structures or uses incidental to building construction or land development or deemed to be generally beneficial, upon condition that the structure or use be removed upon expiration of the permit.
(J) In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record on the effective date of this ordinance, provided the front, side, and rear yard requirements for the district in which the lot is located are met. This provision shall apply even though such lots fail 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 the area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.
(K) Such nonconformities are permitted to continue until they are removed, but their survival, enlargement or extension is not encouraged.