A. Intent: If, within the districts established by this title or amendments that may later be adopted, there exist lots, structures, uses of land or structures, and characteristics of use which were lawful before the effective date hereof or amendments hereto but which would now be prohibited, regulated, or restricted under the adoption or amendment to this title, it is the intent of this title to permit these nonconformities to continue until they are removed or reconstructed as stated herein; however, it is not the intent of this title to encourage the survival of the nonconformity under the terms of this title. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
B. General Requirements:
1. Nonconforming uses are declared by this title 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 of structure and land in combination shall not be extended or enlarged after the effective date hereof by attachment on a building or by the addition of other uses of a nature which would be prohibited generally in the district involved.
2. 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 to any actual construction that lawfully began and has been diligently constructed prior to the effective date hereof or amendment hereto. "Actual construction" is hereby defined to include the placing of construction material 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, demolition or removal shall be deemed to be actual construction; provided, that work shall be carried on diligently.
C. 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 a lot of record which becomes nonconforming as to lot area or lot width, or both, by the effective date hereof or subsequent amendment hereto, or in any other residential district, a building and customary accessory buildings may be erected on a lot of record which becomes nonconforming as to lot width by the subsequent amendment hereof; provided, that the building, housing, mechanical, electrical, plumbing and other construction standards and requirements can be met; and provided further, that if such nonconforming lot of record is, at the effective date hereof or hereafter, vacant and is contiguous with one or more other vacant conforming or nonconforming lots of record which are in common ownership or unified control, then such contiguous lots of record, or at least such portion thereof as is necessary to meet or exceed the minimum lot area and width requirements of the district in which they are located, shall be used and developed only as a single lot. Any person who conveys property or terminates the unified control of such contiguous lots of record so as to frustrate the purpose of the foregoing proviso shall be deemed to have violated the provisions of this title.
D. Nonconforming Structures: Where a lawful structure exists at the effective date hereof or amendment hereto that could not be built under the terms of this title by reasons of restrictions on the area, lot coverage, height, yards, its location on the lot or other zoning 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 an extent of more than fifty percent (50%) of its fair cash market value prior to the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.
3. Should such nonconforming structure be moved for any reason for any distance whatsoever, it shall thereafter be required to conform to the regulations for the district in which it is located after it is moved.
E. Nonconforming Uses Of Structures: If a lawful use involving individual structures with a fair cash market value cost of one thousand dollars ($1,000.00) or more, or of structure and land in combination, exists at the effective date hereof or amendment hereto that would not be allowed in the district under the terms of this title, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions:
1. No existing structure devoted to a use not permitted by this title 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. Any nonconforming use may be extended throughout any parts of a building which was manifestly arranged or designed for such use at the effective date hereof or amendment hereto, but no such use shall be extended to occupy any land outside such building.
3. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three (3) year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
4. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. "Destruction", for the purpose of this subsection E4, is defined as damage to an extent of more than fifty percent (50%) of the fair cash market value at the time of destruction.
F. Nonconforming Off Street Parking And Loading Areas:
1. In any district where off street parking or loading areas of four (4) or more spaces are provided, such areas and private drives or accessways from the public right of way to or through these parking areas, shall be required to fully comply with the design and construction requirements of off street parking and loading as provided by chapter 11 of this title.
2. In any residential zoning district, all off street parking areas of three (3) or fewer spaces and private drives or accessways from the public right of way to or through these parking areas, shall be required to fully comply with the design, construction, and maintenance standards provided in chapter 11 of this title, but only in the event a building permit is required for alteration of an existing garage or construction of a new garage accessory to the residential use. This subsection F2 is subject to the common drive exception in chapter 11 of this title.
G. Repairs And Maintenance Of Nonconforming Structures: Ordinary repairs and repair or replacement of nonbearing walls, fixtures, wiring or plumbing may be made on any nonconforming structure or portion of a structure containing a nonconforming use to an extent not exceeding fifty percent (50%) of the fair cash market value of the nonconforming structure; provided, that the cubic content existing when it became nonconforming shall not be expanded. (Ord. 2009-36, 4-6-2009)