(a) To avoid undue hardship, nothing in this Zoning Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun or for which a zoning permit was approved prior to the effective date of this Zoning Ordinance.
(b) A nonconforming use of a building or structure lawfully existing upon the effective date of this Zoning Ordinance shall be permitted to be maintained and repaired.
(c) A nonconforming use or structure shall not be enlarged, extended or moved, except that a nonconforming structure may be reconstructed in such a manner as to make it conforming.
(d) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(e) Whenever a nonconforming use of a structure, or structure and premises in combination, is discontinued for a period of twelve (12) consecutive months, such a use shall not thereafter be reestablished except in conformance with the regulations of the district in which it is located.
(f) A nonconforming structure which is damaged by fire, flood or act of God to an extent exceeding fifty percent (50%) of its value, as determined by the County Assessor, shall not be restored or reconstructed except in such a manner and for such a use as will conform to the regulations of the district in which it is located.
(g) 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 existing at the effective date of this Zoning Ordinance. This provision shall apply even though such a lot fails to meet the requirements for area or lot frontage, or both, that are applicable in the zoning district where such a lot is located, provided that requirements other than those applying to area or lot frontage, or both, shall conform to the regulations for the district in which such a lot is located.
(h) No nonconforming use shall be changed to another nonconforming use without the written authorization of the Board of Zoning Appeals, except that where a substitution is proposed, no structural alterations or improvements shall be permitted to be made.
(i) Residential properties which are determined by this Code to be nonconforming uses may be granted an exception to these requirements upon application to and approval by the Board of Zoning Appeals. In making its determination the Board shall consider:
(1) Whether similarly situated properties exist within proximity to the subject property.
(2) Recent patterns of development and usage of properties in the vicinity.
(3) The possibility that potential conforming development and use is not likely to occur in the future.
(4) The impact such approval might have upon conforming properties in the vicinity.
(Ord. 45-08. Passed 12-15-08.)