(A) Intent.
(1) Within the districts established by this chapter or by amendments that 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 they are prohibited, regulated or restricted under the terms of this chapter or may be prohibited, regulated or restricted under future amendments hereto, it is the intent of this chapter to permit these nonconforming uses or structures to continue until they are removed, abandoned or discontinued but not to encourage their survival. It is further the intent of this chapter that nonconforming uses or structures 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. Note: Illegal uses existing at the time this chapter is enacted shall not be validated by virtue of its enactment.
(3) Whenever a nonconforming use or structure has been discontinued or abandoned for a period of 12 months or more, the discontinuance shall be considered as an intent to abandon the structure or use. Any future use of the property shall conform to the provisions of this chapter.
(4) The provisions of this chapter shall also apply to structures and uses which become nonconforming due to any zoning reclassification, annexation or other inclusion.
(5) An applicant or owner claiming the existence of a nonconforming use or structure shall bear the burden of supplying the Administrator with adequate documentation verifying that the use or structure is a legal nonconforming use or structure.
(B) Incompatibly of nonconforming uses. Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts in which the use is located. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended, expanded or enlarged upon passage of this chapter.
(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, the 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. Note: This section shall apply only to single-family residences. 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 limitations imposed by other provisions of this chapter. The lots must be in separate ownership or included in a subdivision of record in the office of the County Recorder at the time of passage of this chapter. This provision shall apply even though the lots fail to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lots shall conform to the regulations for the district in which the lots are located. Also, see § 156.057(C) below. Variances of requirements listed in §§ 156.055 through 156.072 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 § 156.113 below.
(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, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter and no portion of the parcel shall be used or sold in a manner which diminishes compliance with the lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.
(F) Nonconforming uses of land. Where, at the time of adoption of this chapter, lawful uses of land exist 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:
(1) No nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;
(2) No nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the uses at the effective date of adoption or amendment of this chapter;
(3) If any such nonconforming uses of land are discontinued or abandoned for a period of 12 months or more (except when government action impedes access to the premises), any subsequent use of the land shall conform to the regulations specified by this chapter for the district in which the land is located; and
(4) No additional structure not conforming to the requirements of this chapter shall be erected in connection with the nonconforming use of land.
(G) Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not now be built under the terms of this chapter, 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 the 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.
(3) Should the structure be moved for any reason for any distance whatever, 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 individual structures, or if a structure and land in combination, exists at the effective date of adoption or amendment of this chapter that would not now be allowed in the district under the terms of this chapter, 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 the use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside the building.
(3) Any structure, or 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, and the nonconforming use may not thereafter be resumed.
(4) When a nonconforming use of a structure, or structure and land in combination is discontinued or abandoned for 12 months or more, 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, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(I) Repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding 10% of the current replacement cost of the nonconforming structure and market value of real estate, or nonconforming portion of the structure, whichever the case may be, provided that the cubic content existing when it became nonconforming shall not be increased. 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 order of the official. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
(Ord. 614, passed 2-22-1999)