(a) Nonconformities: Buildings, Uses and Lots.
(1) Intent. Within the districts established by the Zoning Ordinance or amendments that may later be adopted there exist:
A. Buildings and structures;
B. Uses of land and structures;
C. Lots of record;
which were lawful before the Zoning Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of the Zoning Ordinance or future amendments. Nonconforming uses are declared by the Zoning Ordinance to be incompatible with permitted uses in the districts involved. It is the intent of the Zoning Ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of the Zoning Ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district. To avoid undue hardship, nothing in the 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 prior to the effective date of the Zoning Ordinance and upon which actual building construction has been carried out diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
(2) Nonconforming buildings and structures.
A. A nonconforming use of a building or structure lawfully existing upon the effective date of the Zoning Ordinance may be maintained and may be repaired, provided that no enlargement of the nonconformance shall be made. Any nonconforming building or structure may be altered to decrease its nonconformity.
B. A structure nonconforming as to use, height, yard requirements or lot area per dwelling unit shall not be added to or enlarged in any manner unless such structure, including such addition or enlargement, is made to conform to the use, height, yard and area requirements of the zoning district in which it is located.
C. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zoning district, and the nonconforming use may not thereafter be resumed.
D. No nonconforming building or structure shall be moved in whole or in part to any other location on the lot unless every portion of such building or structure is made to conform to all the regulations of the zoning district in which it is located.
E. Whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of twelve consecutive months, such use shall not after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the zoning district.
F. Any nonagricultural building or structure containing a nonconforming use, other than a one-family dwelling use, which is damaged by explosion, fire, flood, wind or other Act of God to the extent of sixty percent (60%) or more of its replacement value immediately prior to damage, shall not be repaired or reconstructed except in conformity with the provisions of the Zoning Ordinance. In the event that the Zoning Enforcement Officer's estimate of the extent of damage or replacement value is not acceptable to the applicant for the building permit to repair or reconstruct such building or structure, the applicant may appeal to the Board of Zoning Appeals.
G. No existing structure devoted to a use not permitted by the Zoning Ordinance in the zoning 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 zoning district in which it is located.
(3) Nonconforming uses of land.
A. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of the Zoning Ordinance.
B. If any such nonconforming use of land ceases for any reason for a period of more than ninety days, any subsequent use of such land shall conform to the requirements specified by the Zoning Ordinance for the zoning district in which such land is located.
(4) Nonconforming lots of record. 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 the Zoning Ordinance, notwithstanding limitations imposed by other provisions of the Zoning Ordinance. 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 vacated. Variance of yard requirements shall be obtained only through action of the Board of Zoning Appeals.
(5) Uses with conditional use permits not nonconforming uses. Any use of specific property which is permitted as a conditional use in a zoning district under the terms of the Zoning Ordinance shall not be classified a nonconforming use in such zoning district, but shall without further action be considered a conforming use on that particular zoning lot.
(b) Separability. If any section, subsection, sentence, clause, or phrase is for any reason held to be invalid or unconstitutional by any Court of competent jurisdiction, such decision shall not affect the validity of the Zoning Ordinance as a whole or any part thereof other than the part so declared to be invalid.
(c) Conflicting Ordinances Repealed. All conflicting ordinances, all amendments thereto, and any ordinances or parts of ordinances in conflict with the Zoning Ordinance shall be repealed.
(d) Violations and Penalties.
(1) The owner or agent of a building, structure or land in or upon which a violation has been committed or shall exist; or the lessee or tenant of an entire building, entire structure or entire land in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any buildings, structure or land in or upon which violation shall exist, shall be guilty of a minor misdemeanor, punishable by a fine of not more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed on each day that such violation occurs or continues.
(2) The erection, construction, enlargement, conversion, moving or maintenance of any building or structure and the use of any land or building which is continued, operated or maintained contrary to the provisions of the Zoning Ordinance is hereby declared to be a violation of the Zoning Ordinance and unlawful. The Zoning Enforcement Officer shall, immediately upon any such violation having been called to his attention, institute injunction, abatement, or any other appropriate action to prevent, enjoin, abate or remove such violation. Such action may also be instituted by any property owner who may be especially damaged by any violation of the Zoning Ordinance. The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.
(Ord. 314. Passed 5-30-73.)