(A) Intent. Within the districts established by this chapter or amendments that may later be adopted there exist lots, structures and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(B) Non-conforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No non-conforming structure may be enlarged, moved, or structurally altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.
(2) Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of 55% or more of its replacement cost exclusive of foundations, at time of destruction, it shall not be repaired or reconstructed except in conformity with the provisions of this chapter.
(3) Should such 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.
(4) No non-conforming use may be reestablished after it has been discontinued for six consecutive months or for 18 months during any three-year period except when government action impedes to the premises. The vacating of a premises or Structure of non operative status shall be evidence of a discontinued use.
(5) No non-conforming use may be changed to any other use except one which is a permitted use in the district in which it is located.
(6) Any structure, in which a non-conforming use is superseded by a permitted use, the structure shall thereafter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed.
(C) Non-conforming uses of land. Where at the time of passage of this chapter or amendments, lawful use of land exists which would not be permitted 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 non-conforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;
(2) No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this chapter;
(3) If any non-conforming use of land ceases for any reason for six consecutive months or more, or for 18 months during any three-year period, except where government action impedes to the premises, any subsequent use of land shall not thereafter be used except in conformity with the regulations of the district in which it is located;
(4) No additional structure not conforming to the requirements of this chapter shall be erected in connection with such non-conforming use of land.
(D) Non-conforming uses of structures or of structures and premises in combination. Where at the time of passage of this chapter or amendments, lawful use involving individual structures, or of structure and premises in combination, exists which would not be permitted 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 structure, or structure and premises in combination, devoted to a nonconforming use 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) 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 non-conforming use may not thereafter be resumed;
(3) If any non-conforming use of a structure, or structure, or structure and premises in combination, ceases for any reason for six consecutive months, or more, except when government action impedes to the premises, any subsequent use of the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located. Vacating of premises or building of non operative status shall be evidence of a discontinued use;
(4) Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. DESTRUCTION for the purpose of this division (D)(4) is defined as damage to an extent of more than 55% or more of its replacement cost, exclusive of foundation, at time of destruction.
(E) Non-conforming lots of record.
(1) 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 at the effective date of adoption or amendment of this chapter notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails 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 these applying to area or width, or both of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only as provided in this chapter.
(2) If two or more lots or 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 parts of the lots 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 said parcel shall be used or sold in a manner which diminishes compliance with 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) Repairs and maintenance of non-conforming uses.
(1) On any non-conforming 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 non-conforming portion of the structure as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased.
(2) If a non-conforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to 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 except in conformity with the regulations of the district in which it is located.
(3) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order to such official.
(G) Uses under conditional use provisions are not non-conforming uses. Any use which is permitted as a conditional use in a district under the terms of this chapter shall not be deemed a non-conforming use in such district, but shall without further action be considered a conforming use.
(Ord. 665-98, passed 12-21-1998)