A. Non-conforming uses. A non-conforming use shall be permitted to continue as long as it remains otherwise lawful, and shall be regulated as follows:
1. A non-conforming use shall not be extended, or expanded, beyond the scope and area of it's operation at the time of the adoption of the regulation which makes such use non-conforming.
2. When a non-conforming use of any structure, or premises, has been discontinued for a period of one (1) year or more, showing a gross lack of diligence in use, except when government action or structural damage prevents such use, the non-conforming use shall not be re-established, and said structure and/or premises must thereafter be used in conformance with this ordinance.
3. A non-conforming use may not be changed to any other non-conforming use except that, with the written approval of the Board of Adjustment, a non-conforming use may be changed to another non-conforming use of the same, or a more restrictive, classification. If the BOA approves a change in use, no structural changes may be made to the exterior of the building.
B. Non-conforming structures. A non-conforming structure shall be permitted to continue as long as it remains otherwise lawful, and shall be regulated as follows:
1. A non-conforming structure shall not be enlarged, replaced or structurally altered in any way that increases its non-conformity, but a structure may be altered to decrease its non-conformity. However, it may be restored to a safe condition if declared unsafe by the enforcement officer or other public official with jurisdiction.
2. Should a non-conforming structure, or portion of a structure, be damaged, destroyed or demolished by any means, it may be reconstructed or repaired, and the non-conforming use resumed; but it may not exceed the number of square feet of floor area nor the number of cubic feet it contained prior to its damage, destruction or demolition.
C. Non-conforming lots. In any case where an official lot of record at the date of the adoption, or amendment, of this ordinance, does not conform to the width, depth or area requirements of this ordinance, it shall be considered a legal non-conforming lot and be permitted to continue, and shall be regulated as follows:
1. A non-conforming lot may not be further subdivided or consolidated with another parcel in a manner that increases its non-conformity, but may be altered so as to decrease its non-conformity. However, the Planning and Zoning Commission may approve the subdivision of a lot, which has two (2) or more legally constructed principal residences, into separate parcels for the purpose of the sale or transfer of the individual residences. This may be done only if the Commission finds that the properties have been used in a separate and distinct manner with separate utilities, and other facilities, so that the resulting subdivision will not constitute a material change in the use of the property.
2. A residential dwelling may be built upon a lot (including a lot of record) which was non-conforming at the time this ordinance was adopted. The Board of Adjustments shall permit variances, within reasonable conformity with existing structures in the area, and as described in Section 80.301.B.3 (Dimensional variance) of this ordinance.
(Ord. 2014-12, passed 7-15-14)