(A) Intent.
(1) It is the intent of this chapter to permit legal non-conforming lots, structures or uses to continue until they are removed but not to encourage their survival.
(2) It is recognized that there exists within the districts established by this chapter and subsequent amendments, lots, structures and uses of land and structures which were lawful before this chapter was passed or amended which would be prohibited, regulated or restricted under the terms of this chapter and future amendments.
(3) Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. 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.
(4) Non-conforming uses of a structure, a non-conforming use of land or a non-conforming use of a structure and land in combination shall not be extended or enlarged after passage of this chapter by attachment on any building or premises of additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would not be permitted generally in the district involved.
(5) 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 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 diligently carried on.
ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of existing buildings has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction; providing that work shall be diligently carried on until completion of the building involved.
(B) Non-conforming uses of land. Where at the effective date of adoption or amendment of this chapter, a lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended such use may be continued, so long as it remains otherwise lawful, subject to the following provisions.
(1) No such non-conforming use 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 such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.
(3) If such non-conforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(C) 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 or other characteristics of the structure or its location on the lot such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(1) No such structure may be enlarged or altered in a way which increases its non- conformity. Such structures may be enlarged or altered in a way which does not increase its non-conformity.
(2) Should such structure be destroyed by any means to an extent of more than 50% of its 100% valuation, it shall be repaired or reconstructed only in conformity with the provisions of this chapter.
(3) Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(D) Non-conforming uses of structures and land. Where a lawful use of a structure, or of a structure and land in combination exists at the effective date of adoption or amendment of this chapter that 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 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) Any non-conforming use may be extended throughout any parts of a building which was manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(3) If no structural alterations are made, any non-conforming use of structure, or structure and land in combination, may be changed to another non-conforming use of the same or a more restricted classification provided that the Board of Adjustment by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Board of Adjustment may require conditions and safeguards in accord with the purpose and intent of this chapter. Where such non-conforming use of a structure, land or structure and land in combination is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.
(4) Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the non-conforming use may not thereafter be resumed.
(5) When a non-conforming use of a structure, or structure and land in combination, is discontinued or ceased to exist for a period of more than 90 days, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(6) Where non-conforming use status applied to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.
(E) Repairs and maintenance.
(1) On any building devoted in whole or in part to any non-conforming use, work may be done in any period of 12 months on ordinary repairs, or on repairs or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding 50% of the 100% valuation of the building; provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
(2) 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 orders of such official.
(F) Change of tenancy or ownership. There may be a change of tenancy, ownership or management of any existing non-conforming use of land, of structures or of structures and land in combination. However, industrial uses located in residential zones may not be allowed to continue after a change in ownership.
(G) Alteration, extension or reconstruction. All other provisions of this chapter notwithstanding, any residential structure, including single-family residential, two-family residential, duplex residential, group residential and multi-family residential, which is a non-conforming use by virtue of its location in a zoning district in which such a use is not permitted, may be altered, extended or reconstructed as follows.
(1) Such non-conforming residential structures may be altered, extended or reconstructed to the extent such alteration, extension or reconstruction would be permitted under this chapter if the structure were located in the A Residential District established under the zoning ordinance.
(2) This division (G) shall not authorize the change of the use of the structure to any non-conforming use other than residential, nor to authorize the expansion of the non-conforming use, except as such expansion would be permitted if the structure were located in the A Residential District. (Prior Code, § 9-11-4) (Ord. passed 10-11-1990; Ord. 430, passed 11-2-1992) Penalty, see § 155.999