1. Statement of Intent. Within the various districts established by the Ordinance or by amendments that may later be adopted, there exist structures, use of land, use of structures, or use of land and structures in combination, which were lawful prior to the adoption of the Ordinance but which would be prohibited, regulated, or restricted under the provisions of the Ordinance. It is the intent of the Ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of the Ordinance that such nonconformities shall not be enlarged upon, expanded or extended.
2. Nonconforming Structures. Where a structure exists at the effective date of adoption or amendment of the Ordinance which could not be built under the terms of the Ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristic 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:
A. Where an existing structure or structures or part or parts thereof are not in conformity with the Ordinance, no enlargement, alteration, or reconstruction shall be permitted which encroaches further into a required setback.
B. Should such structures be destroyed by any means to an extent of 60 percent or more of its fair market value at the time of destruction, exclusive of the foundation, it shall not be reconstructed except in conformity with the provisions of the Ordinance. If the structure is less than 60 percent destroyed above the foundation, it may be reconstructed provided that a zoning permit has been applied for within six months of such happening and reconstruction has been completed within the time frame specified in 92.11, Required Permits.
3. Nonconforming Use of Land. Where a use of land upon which no building or structure is erected or constructed exists at the effective date of adoption or amendment of the Ordinance that would not be allowed in the zoning district under the terms of the Ordinance, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the Ordinance.
B. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel which was not occupied by such use at the effective date of adoption or amendment of the Ordinance.
C. If any such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the district regulations of the zoning district in which such land is located.
D. The casual, intermittent, temporary, or illegal use of land shall not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on the part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
E. If no expansions occur, a nonconforming use of land may be changed to another nonconforming use of a similar nature within the same or a more restrictive zoning classification. Whenever a nonconforming use has been changed to a more restrictive zoning use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.
4. Nonconforming Use of Structures. Where a use of a structure exists at the effective date of adoption or amendment of the Ordinance that would not be allowed in the zoning district under the terms of the Ordinance, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No existing structure devoted entirely or in part to a use not permitted by the Ordinance in the zoning district in which it is located shall be enlarged, extended, reconstructed, moved or structurally altered except which required by law, unless the use is changed to a use permitted in the zoning district which such structure is located.
B. Any nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such use at the time of adoption or amendment of the Ordinance. No such use shall be extended to occupy any land outside such building.
C. If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of a similar nature within the same or a more restrictive zoning classification. Whenever a nonconforming use has been changed to a more restrictive zoning use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.
D. Any nonconforming use of a structure which remains idle or unused for a continuous period of six months, whether or not the equipment or fixtures are removed, shall not again be used except in conformity with the regulations of the zoning district in which such structure is located.
E. The casual, intermittent, temporary, or illegal use of a structure shall not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on the part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
F. Any structure devoted to a use made nonconforming by the Ordinance that is destroyed by any means to an extent of sixty (60) percent or more of its fair market value at the time of destruction, exclusive of the foundation, then the right to maintain the nonconforming use shall expire and the structure shall not be reconstructed except in conformity with the regulations of the zoning district in which such structure is located. If the structure is less than sixty (60) percent destroyed above the foundation, it may be reconstructed and used as before provided that a zoning permit has applied for within six months of such happening and reconstruction has been completed within the time frame specified in 92.11, Required Permits.
5. Required Repairs. Nothing in the Ordinance shall be deemed to prevent the restoration to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Chapter 91 - Ord. 304 - Sep. 22 Supp.)