(A) Non-conforming lots of record. The Zoning Administrator may issue a permit for any non-conforming lot of record (in association with § 151.115) provided that:
(1) The lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited;
(2) The lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by this chapter; and
(3) The lot can meet all required yard regulations for the district in which it is located.
(B) Non-conforming structures.
(1) Authority to continue. Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which is located on a lot which does not comply with the use regulations and/or the applicable yard and height regulations may be continued, so long as it remains otherwise lawful.
(2) Enlargement, repair, and alterations. Any non-conforming structure may be enlarged, maintained, repaired, remodeled, or rebuilt; provided, however, that no such enlargement, maintenance, repair, or remodeling shall either create any additional non-conformity or increase the degree of existing non-conformity of all or any part of such structure.
(3) Damage or destruction. In the event any non-conforming structure is damaged or destroyed, by any means, to the extent of more than 75% of its assessed fair market value, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located. When a structure is damaged to the extent of 75% or less of its assessed fair market value, no repairs or restoration shall be made unless a building permit is obtained within six months, and restoration is actually begun one year after the date of such partial destruction and is diligently pursued to completion.
(4) Moving. No non-conforming structure shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.
(C) Non-conforming uses.
(1) Authority to continue. Any lawfully existing non-conforming use of part or all of a structure or any lawfully existing non-conforming use of land, not involving a structure or only involving a structure which is accessory to such use or land, may be continued, so long as otherwise lawful.
(2) Ordinary repair and maintenance.
(a) Normal maintenance and incidental repair, or replacement, installation, or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring, or plumbing, water, and/or waste disposal systems, may be performed on any structure or system that is devoted in whole or in part to a non-conforming use.
(b) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official in charge of protecting the public safety who declares such structure to be unsafe and orders its restoration to a safe condition.
(3) Extension. A non-conforming use shall not be extended, enlarged, or increased in intensity. Such prohibited activities shall include, without being limited to the extension of such use to any structure or land area other than that occupied by such non-conforming use on the effective date of this chapter (or on the effective date of subsequent amendments hereto that cause such use to become non-conforming).
(4) Enlargement. No structure that is devoted in whole or in part to a non-conforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.
(5) Damage or destruction. In the event that a non-conforming building or use is damaged to the extent of more than 75% of its reasonable replacement value, the property shall conform to the zone in which it is located.
(6) Moving. No structure that is devoted in whole or in part to a non-conforming use and non-conforming use of land shall be moved in whole or in part for any distance whatever, to any location on the same or any other lot, unless the entire structure and the use thereof or the use of land shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
(7) Change in use. If no external structural alterations are made which will expand the area or change the dimensions of the existing structure, any non-conforming use of a structure, or structure and premises, may be changed to another non-conforming use provided that the governing body after receiving a recommendation from the Planning Commission, by making findings in the specific case, shall find that the proposed use is more appropriate to the district than the existing non-conforming use. More appropriate shall mean creating less traffic, noise, glare, odor, or other characteristics of the proposed use. In permitting such change, the governing body, may require appropriate conditions and safeguards to protect surrounding areas and properties. Once such use has changed, it may no longer be returned to the original use or any other less appropriate use.
(8) Abandonment or discontinuance. When a non-conforming use is discontinued or abandoned, for a period of 12 consecutive months, (as per Neb. RS 19-904.01), such use shall not thereafter be re-established or resumed, and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.
(9) Non-conforming accessory uses. No use which is accessory to a principal non-conforming use shall continue after such principal use shall cease or terminate.
(Ord. passed 8- -2010)