A. PURPOSE AND INTENT.
1. Within the districts established by this Ordinance or by amendments that may later be adopted, there may exist certain structures or uses of land that were lawful before this ordinance was passed or amended, but which are prohibited, regulated or restricted under the terms of this Ordinance or may be by future amendments hereto.
2. It is the intent of this ordinance to permit these nonconforming uses to continue under the provisions of this section until they are removed, but not to encourage their survival.
B. NONCONFORMING STRUCTURES.
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.
C. NONCONFORMING USES OF STRUCTURE OR STRUCTURES AND LAND IN COMBINATION.
1. May be extended. A nonconforming use may be extended throughout a structure which was manifestly arranged or designed for such use at the time of adoption or amendment to this Section, provided the size of the structure is not increased and the use is not extended to occupy any land outside such structure.
2. Use cannot be changed to nonconforming use. Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use.
3. No structure erected in nonconforming use premises. No structure shall be erected on any premises devoted to a nonconforming use, except in conformance with the provisions of this Ordinance.
4. Discontinuance of nonconforming use. In the event that a nonconforming use of any structure or premises is discontinued for a period of one (1) year, except when government action impedes access to the premises, the use of the same shall thereafter conform to the uses permitted in the district in which it is located, and any nonconforming dwelling which is deficient in ground floor area, and which may be removed from the lot.
5. Damage to nonconforming use structure. If a structure or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of sixty percent (60%) or more of its then fair market value, the structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than sixty percent (60%) of its fair market value, based upon prevailing costs, the structure may then be restored to its original condition and the occupancy or use of such structure may be continued which existed at the time of such partial destruction. It shall be the decision of the Zoning Administrator as to the percentage determination.
In either event, restoration or repair of the structure must be started within a period of six (6) months from the date of damage or destruction and diligently prosecuted to completion.
6. Honoring previous permits. Nothing herein contained shall require any change in the plans for the construction or designated use of a structure for which a building permit has been heretofore issued, and the actual construction of which has been diligently prosecuted within ninety (90) days of the date of the permit, and which entire structure shall be completed according to such plans filed on or before the adoption date of this Ordinance. Actual construction is defined to include the erection of construction materials in permanent position and fastened in a permanent manner.
7. Structures may be made safe. Nothing in this Section shall prevent the strengthening or restoring to a safe condition of any part of any structure declared unsafe by proper authority.
8. Non-conforming use resulting from amendment. The provisions apply in the same manner to a use, which may become a non-conforming use as a result of an amendment to this Section.
9. Nonconforming lot areas and widths. A single family dwelling may be located on any lot in any district in which single family dwellings are permitted if the lot was single parcel in single ownership, or a single parcel included in a subdivision of record on or before the approval of this Code, even though the lot does not have the minimum lot width or the minimum lot area specified for the district, provided that the lot size and lot width meet the minimum standards of the Health Department, and provided further that the width of the lot, as measure at the building line, shall be at least seventy-five (75) percent of that required by the term of the Section 1.04-1.08. Variance of setback requirements shall be obtained only through action of the Board of Zoning Appeals.
10. Repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of walls, fixtures, heating, wiring or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased.
If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to the lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt after six months of such declaration except in conformity with the regulations of the district in which it is located.