(a) Intent. Within the districts established by this Zoning Code or amendments that may later be adopted, there exist buildings and structures, uses of land and structures and lots of record which were lawful before this Zoning Code was passed or amended (Ordinance 79-56, passed November 13, 1979), but which would be prohibited, regulated or restricted under the provisions of this Zoning Code or a future amendment. It is the intent of this Zoning Code to permit these nonconformities to continue until they are removed, but not to encourage their survival.
Nonconforming uses are declared by this Zoning Code to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use or structure and land in combination shall not be extended or enlarged after passage of this Zoning Code (Ordinance 79-56, passed November 13, 1979) by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved. To avoid undue hardship, nothing in this Zoning Code shall be deemed to require a change in plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of this Zoning Code, (Ordinance 79-56, passed November 13, 1979) and upon 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 or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work is carried on diligently.
(b) Nonconforming Uses of Buildings and Structures or of Structures and Premises in Combination. If a lawful use involving individual structures with a replacement cost of one thousand dollars ($1, 000) or more, or of a structure and premises in combination, exists on the effective date of adoption or amendment of this Zoning Code (Ordinance 79-56, passed November 13, 1979) that would not be allowed in the district under the provisions of this Zoning Code, the lawful use may be continued so long as it remains lawful, subject to the following:
(1) A nonconforming use of a building or structure lawfully existing upon the effective date of this Zoning Code (Ordinance 79-56, passed November 13, 1979) may be maintained and may be repaired. Any nonconforming building or structure may be altered to decrease its nonconformity.
(2) A structure nonconforming as to use, height, yard requirements or lot area shall not be added to or enlarged in any manner, unless such structure, including such addition or enlargement, is made to conform to the use, height, yard and area requirements of the zoning district in which it is located.
(3) Any structure or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zoning district and the nonconforming use may not thereafter be resumed.
(4) No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, unless every portion of such building or structure is made to conform to all the regulations of the zoning district in which it is located.
(5) Whenever a nonconforming use of a building or structure or part thereof has been discontinued for a period of twelve consecutive months (in a twenty-four month period), such use shall not, after being discontinued or abandoned, be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the zoning district.
(6) Any nonagricultural building or structure containing a nonconforming use, other than a one-family dwelling use, which is damaged by explosion, fire, flood, wind or other act of God to the extent of sixty percent or more of its replacement value immediately prior to damage, shall not be repaired or reconstructed except as provided in this Zoning Code. In the event that the Code Enforcement Officer's estimate of the extent of damage or replacement value is not acceptable to the applicant for the building permit to repair or reconstruct such building or structure, the applicant may appeal to the Board of Zoning Appeals.
(7) If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt, except in conformity with the regulations of the district in which it is located.
(c) Nonconforming Uses of Land (or Land with Minor Structures Only).Where, at the time of passage of this Zoning Code (Ordinance 79-56, passed November 13, 1979), lawful use of land exists which would not be permitted by the regulations imposed by this Zoning Code, and where such use involves no individual structure with a replacement cost exceeding one thousand dollars ($1, 000), the use may be continued so long as it remains otherwise lawful, provided that:
(1) No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied on the effective date of this Zoning Code (Ordinance 79-56, passed November 13, 1979).
(2) If any such nonconforming use of land ceases for any reason for a period of more than ninety days in a twelve-month period, any subsequent use of such land shall conform to the requirements specified in this Zoning Code for the zoning district in which such land is located.
(3) No additional structure not conforming to the requirements of this Zoning Code shall be erected in connection with such nonconforming use of land.
(d) 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 any single lot of record on the effective date of this Zoning Code (Ordinance 79-56, passed November 13, 1979), notwithstanding limitations imposed by other provisions of this Zoning Code. Each lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails 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 area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. A variance of yard requirements shall be obtained only through action of the Board.
(e) Contiguous Nonconforming Lots in Common Ownership. Where two or more contiguous nonconforming lots of record are in common ownership and are of such size to constitute at least one conforming zoning lot, such lots or portions thereof shall be so joined, developed and used for the purpose of forming an effective and conforming lot or lots. Such contiguous nonconforming lots in common ownership shall be considered as being maintained in common ownership after the effective date of this Zoning Code (Ordinance 79-56, passed November 13, 1979) for zoning purposes.
(f) Conditionally Permitted Uses Are Not Nonconforming Uses. Any use of specific property which is permitted as a conditional use in a zoning district under the provisions of this Zoning Code shall not be classified a nonconforming use in such zoning district, but shall, without further action, be considered a conforming use on that particular zoning lot.
(Ord. 79-56. Passed 11-13-79.)