(A) Generally. Any structure or use existing upon the effective date of the adoption of this chapter and which does not conform to the provisions of the ordinance may be continued subject to the following conditions.
(1) No such nonconformity shall be expanded, reconstructed, or enlarged except in conformity with the provisions of this chapter.
(2) If the nonconformity or occupancy is discontinued for a period of 12 months, further use of the structures or property shall conform to this chapter.
(3) If a nonconforming structure is destroyed by any cause, to an extent exceeding 50% of its fair market value as indicated by the records of the County Assessor, and a site permit is not applied for within 180 days of the property damage, all subsequent use, occupancy, and structure on the site shall conform to this chapter.
(4) Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided, they will not increase the number of dwelling units or size or volume of the building. A nonconforming dwelling may not, however, be demolished and a new dwelling constructed unless the new dwelling is in full compliance with this chapter.
(5) Nonconforming single-family dwelling units and developed substandard single-family lots may be expanded to improve livability as a conditional use; provided, that the nonconformity is not increased.
(6) No nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time of this chapter adoption unless such movement shall bring the nonconformance substantially closer to compliance with the requirements of this chapter.
(7) When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
(8) A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.
(9) Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use.
(B) Nonconforming lots of record.
(1) A single-family dwelling and customary accessory building, notwithstanding limitations imposed by other provisions of this chapter, may be erected in any district in which single-family dwellings are permitted on any single lot of record at the effective date of adoption of or amendment to this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. The provisions shall apply even though such lot fails to meet the zoning requirements for area or width, or both, that are generally applicable in the district, provided; that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.
(2) If, in a group of two or more lots under the same ownership, any individual lot does not meet the area and width requirements of this chapter, the lot must not be considered as a separate parcel or land for the purpose of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the area and width requirements of this chapter.
(3) Variances of area, width, and yard requirements shall be obtained only in accordance with § 150.169(A).
(C) Nonconforming signs. Signs existing on the effective date of this chapter which do not conform to the regulations set forth in this chapter shall become a nonconforming use. Business signs on the premises of a nonconforming building or use may be continued, however, such signs shall not be increased in number, area, height, or illumination No sign erected before the passage of this chapter shall be rebuilt, altered, or moved to a new location on the affected property without being brought into compliance with the requirements of this chapter.
(Prior Code, § 519.040) (Ord. passed 10-8-2003) Penalty, see § 10.99