(A) The purpose of this section is to provide for the continuation of uses and structures that do not conform to this existing Zoning Code, but were lawfully existing at the time of enactment of this chapter.
(B) Nonconforming uses. The lawful use of any building or land existing at the effective date of Ord. 1993-0-2 may be continued although such use does not conform with the provisions of this chapter, provided the following condition are met:
(1) Alterations. A nonconforming building or structure may not be altered, improved or- reconstructed, enlarged or extended, except as outlined in division (C) below.
(2) Nonconforming to nonconforming use. A nonconforming use may be changed to another nonconforming use provided that the proposed nonconforming use is in less conflict with character and use of the district than the existing nonconforming use as determined by the Planning Commission.
(3) Construction approved prior to ordinance. Nothing in this chapter shall prohibit the completion of construction and use of nonconforming building for which a zoning certificate has been issued prior to the effective date of Ord. 1993-0-2, provided that construction is commenced within 90 days after the issuance of such certificate; that construction is carried on diligently and without interruption for a continuous period in excess of 30 days; and that the entire building shall have been completed within one year after the issuance of said zoning certificate.
(4) Displacement. No nonconforming use shall be extended to displace a conforming use.
(5) Discontinuance or abandonment. Whenever a nonconforming use has been discontinued for a period of two years or more, such discontinuance shall be conclusive evidence of an intention to abandon legally the nonconforming use. At the end of that two-year period of abandonment the nonconforming use shall not be re-established, and any further use shall be in conformity with the provisions of this chapter.
(6) Unsafe structures. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority provided such work is not to an extent exceeding in aggregate cost 50% of the replacement value of the building or structure, unless the building or structure is changed to a conforming use.
(7) Annual review of nonconforming uses. Each year, the Zoning Inspector shall make an inspection of known nonconforming uses, and shall keep records describing the activities taking place on the property, as well as the conditions of the structure.
(C) Nonconforming structures. A structure which was lawfully constructed before the effective date of Ord. 1993-0-2, and which is nonconforming with respect to height, or setbacks from any lot lines, may be continued, provided however, that if such structure is to be altered, expanded, enlarged or otherwise structurally modified, such alteration, or enlargement, shall not increase the amount of nonconformity with this chapter. For example, a building which has a side yard of five feet in a Zoning District which requires a ten-foot side yard, may not be enlarged upon so that the side of the building abutting such non-conforming side yard is increased in length, unless any new additions are built in conformity with the greater side yard requirement.
(D) Nonconforming lots. Whenever a parcel of land exists which is nonconforming as to required lot size, then such lot may be built upon individually. However, where an individual, group of individuals, corporation, or other organization owns two or more lots abutting each other in such a way as to permit compliance with the lot size requirements of this chapter, then such lots shall be combined to functionally represent a single building lot to the extent that is necessary to comply with the requirements of this chapter.
(Ord. 1993-0-2, passed 3-13-93; Am. Ord. 1997-O-2, passed 1-11-97)