A. Applicability Of Provisions: The provisions of this section shall apply to all residential districts and residential uses in nonresidential districts.
B. Exception For Repairs Pursuant To Public Order: Nothing in this section shall be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition.
C. Nonconforming Structures And Uses:
1. Repair And Maintenance: Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing may be performed on any nonconforming structure.
2. Structural Alteration: A nonconforming structure may be structurally altered if, and only if, such alteration does not violate subsections C3 through C8 of this section and does not create any new bulk regulation nonconformity or increase the degree of any existing bulk regulation nonconformity of such structure.
3. Enlargement Of Structure: The enlargement or addition to any structure shall not create any new bulk regulation nonconformity or increase the degree of any existing bulk regulation nonconformity of such structure.
4. Extension Of Use: A nonconforming use of land or of a structure shall not be extended, expanded, enlarged, or increased in intensity. Such prohibited activity shall include, without limitation:
a. An extension of such use, including its accessory uses, to any structure or land area other than that occupied by such nonconforming use on February 15, 1994, or any amendment hereto that causes such use to become nonconforming.
b. An extension of such use, including its accessory uses, within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on February 15, 1994, or any amendment hereto that causes such use to become nonconforming.
5. Moving Structure:
a. No nonconforming structure shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
b. No nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
6. Change In Use: A nonconforming use shall not be changed to any use other than a use permitted in the zoning district in which the use is located. When such a nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to any nonpermitted use. For purposes of this subsection C6, a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated and a permitted use shall have commenced and continued for a period of thirty (30) days. Any change of use in violation of this subsection C6 shall be deemed to be an abandonment of the lawfully existing nonconforming use.
7. Damage Or Destruction:
a. Natural Causes: If all or any part of a nonconforming structure is damaged or destroyed to any extent, by any means not within the control of the owner thereof, then such nonconforming structure may be repaired or restored and the nonconforming use may continue subject to the regulations of this section; provided, however, that no repairs or restorations shall be made that would create any new bulk regulation nonconformity or that would increase the degree of any bulk regulation nonconformity existing prior to such damage or destruction. Notwithstanding the foregoing, all such repairs and restorations shall be in strict conformity with the applicable zoning district regulations unless a building permit is obtained and restoration is actually begun within one year after the date of such damage or destruction and is diligently pursued to completion.
b. Within Control Of Owner: If a nonconforming structure is damaged, destroyed, or torn down by any means within the control of the owner thereof, to the extent of more than fifty percent (50%) of the cost of replacement of such structure new, exclusive of foundation, then such structure shall not be restored or rebuilt unless the structure, including the foundation, and use of the structure shall thereafter conform to all regulations of the zoning district in which it is located.
8. Vertical And Horizontal Extension: For purposes of this section, the vertical or horizontal extension of a nonconforming structure shall be construed to increase the degree of the existing nonconformity of the structure, unless such vertical or horizontal extension conforms to all applicable bulk regulations of this title or unless such vertical or horizontal extension consists solely of a chimney.
9. Termination By Abandonment:
a. Whenever a nonconforming use of land or a nonconforming use of a structure is discontinued for a period of thirty (30) days, regardless of any intent to resume or not to terminate such use, such use shall be deemed abandoned and shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land or structure shall comply with all regulations of the zoning district in which such land or structure is located.
b. Any period of such discontinuance caused by government action, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this subsection C9.
D. Nonconforming Accessory Uses And Structures: No use or structure that is accessory to a principal nonconforming use or structure shall continue after such principal use or structure has been terminated unless such accessory use or structure shall thereafter conform to all of the regulations of the zoning district in which it is located.
E. Nonconforming Lots.
1. Any unimproved lot that becomes a nonconforming lot as a result of condemnation, eminent domain, sale, or by transfer or conveyance in any manner shall not be improved with a building or structure of any kind.
2. The existing use of an improved lot, the area, width, or yards of which are reduced below that permitted by the zoning district in which such lot is located as a result of condemnation, eminent domain, sale, or by transfer or conveyance in any manner, shall constitute a violation of this title, and such use shall be immediately terminated and the building or improvements thereon removed within sixty (60) days after such lot or parcel of land is so reduced in area, width, or yard, and thereafter, said lot shall be a nonconforming lot and unusable for any purpose.
3. Exception for Nonconforming Lots of Record: Notwithstanding the regulations imposed by any other provisions of this title, a nonconforming lot of record that has been created by a properly recorded plat or deed may be utilized in the same manner and to the same extent as any conforming lot in the district in which such nonconforming lot of record is located if, and only if, the nonconforming lot of record came into ownership separate from adjoining lots of record and has remained in separate and individual ownership from adjoining lots of record continuously since becoming a nonconforming lot of record. (Ord. 94-2, 2-15-1994; amd. 2009 Code; Ord. 2022-38, 12-12-2022)