Any buildings or structures containing a nonconforming use, or any nonconforming building or structure, shall be subject to the following regulations:
A. Continuance Of Legal Nonconforming Structures And Uses:
1. Any lawfully established building, structure or use that does not conform to the regulations for the district in which it is located shall be deemed to be legal nonconforming and may be continued, except as otherwise provided herein.
2. Any building or structure for which a permit has been lawfully granted which does not conform to the regulation for the district in which it is located may be completed in accordance with the approved plans; provided construction is started within ninety (90) days and diligently prosecuted to completion. Such building or structure shall thereafter be deemed a legal nonconforming building, structure or use and may be continued, except as otherwise provided herein.
B. Discontinuance Of Legal Nonconforming Structures And Uses:
1. Damage Or Destruction: Except as hereinafter provided in subsection B4 of this section, if any legal nonconforming building, structure or use is destroyed by any means to an extent of more than fifty percent (50%) of the replacement cost of that portion of the principal and accessory buildings and structures which are above the average ground elevation, such building or structure shall not be rebuilt or reoccupied for any use except in accordance with the regulations of the district in which it is located. Damage to an extent of less than fifty percent (50%) shall be repaired in a manner as nearly conforming as possible.
Restoration or repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction and diligently pursued to completion or the right to rebuild is lost.
2. Change Or Replacement To A Conforming Use: Whenever any part of a building, structure or land occupied by a legal nonconforming use is changed to or replaced by a conforming use, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.
3. Discontinuance Of Use For More Than Twelve Months: Except as hereinafter provided in subsection B4 of this section, whenever a legal nonconforming use of any part of a building or structure, or part thereof, has been discontinued for a period of twelve (12) consecutive months, or whenever there is evidence of a clear intent on the part of the owner to abandon a nonconforming use, such use shall not be reestablished. The use of the premises thereafter shall be in conformity with the regulations of the district.
Exception: Where no enclosed building or structure is involved, discontinuance of a legal nonconforming use for a period of six (6) months shall constitute abandonment and shall not thereafter be used in a nonconforming manner. (Ord. 89-54, 6-26-1989)
4. Preservation And Continuation Of Legal Nonconforming Lots And Single-Family Residences On Legal Nonconforming Lots: In the event a lot in a recorded subdivision is rendered a legal nonconforming lot by virtue of the passage of this Comprehensive Zoning Code of 1997 and 1989 and said lot would otherwise have been legally eligible for use as the site for the construction of a single-family residence prior to the passage of this Code, said lot shall continue to be eligible for the construction of a single-family residence, provided the owner's construction conforms as much as possible to this Code's requirements.
The destruction of a single-family residence on a lot in a recorded subdivision by any means to an extent of more than fifty percent (50%) of the replacement cost after said single-family residence was rendered a legal nonconforming building by virtue of the passing of the Comprehensive Zoning Code of 1997 and 1989 may be rebuilt or repaired provided the construction conforms as much as possible to this Code's requirements. (Ord. 97-22, 6-16-1997)
C. Repairs, Alterations, Additions And Enlargements To Legal Nonconforming Buildings, Structures And Uses:
1. Repairs: Normal maintenance of a legal nonconforming building or structure or a building or structure containing a legal nonconforming use is permitted.
2. Structural Alterations: No structural alterations of a legal nonconforming building or structure, or a building or structure containing a legal nonconforming use, are permitted except as follows:
a. When the alteration is required by law.
b. When the alteration will actually result in the elimination of the legal nonconforming status.
c. When a building in a Residential District containing a residential legal nonconforming use is altered to improve livability, no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.
d. When the bulk of a building in a Residential District containing a residential legal nonconforming use is increased to improve livability and a variation has been granted for such increased bulk.
3. Addition Or Enlargements: A legal nonconforming building or structure, or a building or structure containing a legal nonconforming use, may be enlarged or extended only if the use thereafter conforms to all the legal regulations of the district in which it is located, or a variation has been granted for such use.
A legal nonconforming building or structure which is nonconforming with respect to yards, floor area ratio, or any other element of bulk shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the regulations for the district in which it is located, unless a variation has been granted for such alteration or expansion. (Ord. 2019-01, 1-22-2019)
D. Termination And Removal Of Legal Nonconforming Status: Every such legal nonconforming use listed below shall be deemed illegal nonconforming and shall be completely removed from the premises:
1. Any nonconforming use of a building or structure having an assessed valuation not in excess of two thousand dollars ($2,000.00).
2. All nonconforming advertising devices in any Business District.
3. Any nonconforming signs and any and all billboards.
4. Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building.
5. Any nonconforming house trailers.
E. Illegal Nonconforming Uses, Buildings Or Structures: Buildings, structures, or uses unlawfully established which do not conform to the regulations for the district in which they are located are deemed illegal nonconforming and are subject to section 9-1-6-14 of this ordinance. (Ord. 89-54, 6-26-1989)
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