A. Purpose:
1. Within the districts established by this title, lots, structures, and uses of land and structures may exist which were lawful at the time this title was adopted or amended, but which would be prohibited or regulated under the terms of this title 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 title 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 title to be incompatible with permitted uses in the same district. However, to avoid undue hardship, nothing in this title 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 title and which actual building construction has been carried on diligently.
B. Nonconforming Lots Of Record:
1. Structures and uses permitted in a district may be established on any single lot that is of record on the effective date hereof. 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 (2) or more lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this title, and 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 title, and no portion of this parcel shall be used, divided or sold in a manner which would fail to meet the requirements of this title.
C. Nonconforming Uses And Structures: Where, at the time of passage hereof, a lawful use of land or a structure exists which would not be permitted by the regulations imposed by this title, the use may be continued where it remains otherwise lawful, provided:
1. A nonconforming use or structure may not be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this title.
2. Should any nonconforming use cease for any reason for a period of more than one year, or should a nonconforming structure or portion of a structure be destroyed to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, the use or structure will be reestablished only in compliance with the provisions of this title.
3. No additional nonconforming structure shall be erected in connection with such nonconforming use of land or structures.
4. 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.
5. Nothing in this title shall be deemed to prevent the routine repair and maintenance of a nonconforming structure, or strengthening or restoring the structure to a safe condition. (Ord. 2000-03, 9-13-2000)