(A) Generally.
(1) Within the districts established by this chapter or by amendments which may later be adopted, there may exist:
(a) Nonconforming lots;
(b) Nonconforming structures;
(c) Nonconforming uses of land;
(d) Nonconforming uses of land and structures in combination; and
(e) Nonconforming characteristics of use.
(2) These were lawful before this chapter was passed or amended but are prohibited, regulated or restricted under the terms of this chapter, or may be under future amendments hereto. It is the intent of this chapter to permit these nonconforming uses to continue until they are removed but not to encourage their survival. Furthermore, it is the intent of this chapter that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses which are prohibited elsewhere in the same district.
(3) The restrictions on nonconforming uses stated in this section do not apply to agricultural land in a nonconforming-use status if the land was used for agricultural production before being classified as a nonconforming use. The land must remain in agricultural production for any three-year period out of a five-year period.
(B) Incompatibility of nonconforming uses. Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts in which such uses are located. A nonconforming use of a structure, land or a structure and land in combination shall not be extended or enlarged after passage of this chapter by the attachment on a building or premises of additional signs intended to be seen from off of the premises or by the addition of other uses of a nature which would be generally prohibited in the district in which such uses are located.
(C) Avoidance of undue hardship. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building or development on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction provided that the work shall be carried on diligently. ACTUAL CONSTRUCTION is hereby defined as work done which is beyond the preparation stage and into that stage where the changes or additions are made permanent.
(D) Single 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 after the effective date of adoption or amendment of this chapter notwithstanding any limitations imposed by other provisions of this chapter. Such lots must be in separate ownership or included in a subdivision of record in the office of the county’s Recorder at the time of passage of this chapter. This provision shall apply even if such lots fail to meet the requirements for area or width, or both, which 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 lots shall conform to the regulations for the district in which such lots are located; see § 156.052(C) of this chapter. Variances of requirements listed in §§ 156.050 through 156.093 of this chapter other than lot area or lot width shall be obtained only through action of the Board of Zoning Appeals as provided in § 156.133 of this chapter.
(E) Nonconforming lots of record in combination. If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, then the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with the lot width and lot area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this chapter.
(F) Nonconforming uses of land. Where lawful uses of land exist at the time of adoption of this chapter which would not be permitted by the regulations imposed by this chapter, the uses may be continued so long as they remain otherwise lawful, provided that:
(1) No such nonconforming uses shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;
(2) No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this chapter;
(3) Except for when government action impedes access to the premises, if any such nonconforming uses of land are discontinued or abandoned for more than one year, then any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located; and
(4) No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.
(G) Nonconforming structures. Where a lawful structure exists on the effective date of adoption or amendment of this chapter which could not now be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(1) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(2) Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to the extent of more than 50% of the fair market value of the building immediately prior to the damage, it shall not be reconstructed except in conformity with the provisions of this chapter. Structures made nonconforming by an action of the government, such as a right-of-way purchase, are not subject to this restriction.
(3) Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(H) Nonconforming uses of structures or of structures and land in combination. If a lawful use involving an individual structure or a structure and land in combination exists on the effective date of adoption or amendment of this chapter which would not now be allowed in the district under the terms of this chapter, then the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(1) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(2) A nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(3) Any structure or any 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 district. The nonconforming use may not thereafter be resumed.
(4) Except for when government action impedes access to the premises, when a nonconforming use of a structure or of a structure and land in combination is discontinued or abandoned for more than one year, the structure or structure and land in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(5) Where nonconforming-use status applies to a structure and land in combination, the removal or destruction of the structure shall eliminate the nonconforming status of the land.
(I) Repairs and maintenance.
(1) In any period of 12 consecutive months, on any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on the repair or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding 30%of the current replacement cost of the nonconforming structure and market value of the real estate or of the nonconforming portion of the structure in any three- year period, whichever the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.
(2) Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon the order of such official. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful by reason of physical condition, then it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
(Ord. 2002-5, passed 7-2-2002)