Within the various districts established by these zoning regulations or amendments that may later be adopted, there exist structures and uses of land and structures that were lawful prior to the adoption of these zoning regulations but which would be prohibited, regulated, or restricted under the provisions of these zoning regulations. It is the intent of these zoning regulations to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by these zoning regulations to be incompatible with permitted uses in the districts involved.
1. Nonconformities In Any Residential District.
A. Nonconforming Use of Land. The lawful use of land upon which no building or structure is erected or constructed, which becomes nonconforming under the terms of these zoning regulations as adopted or amended, may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) 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 these zoning regulations.
(2) 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 these zoning regulations.
(3) 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 for the district in which such land is located.
B. Nonconforming Use of Structures. If a lawful use of a structure, or of a structure and land in combination, exists at the effective date of adoption or amendment of these zoning regulations, which would not be allowed in the district under the terms of these zoning regulations, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No existing structure devoted entirely or in part to a use not permitted by these zoning regulations in the district in which it is located, except when required by law, shall be enlarged, extended, reconstructed, moved, or structurally altered, unless the use is changed to a use permitted in the district in which such structure is located.
(2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of these zoning regulations. No such use shall be extended to occupy any land outside such building.
(3) If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use within the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.
(4) In the event that a nonconforming use of a structure (or structure and land in combination) is discontinued or abandoned for a period of six months, the use of the same shall thereafter conform to the uses permitted in the district in which it is located. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(5) Any structure devoted to a use made nonconforming by these zoning regulations which is destroyed by any means to an extent of 60 percent or more of its assessed value cost at the time of destruction, exclusive of the foundations, shall not be reconstructed and used as before such happening. If the structure is less than 60 percent destroyed above the foundation, it may be reconstructed and used as before, provided it is done within six months of such happening, and is built of like or similar materials.
C. Nonconforming Structures. Where a structure exists at the effective date of adoption or amendment of these zoning regulations, which could not be built under the terms of these zoning regulations 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 that increases its nonconformity.
(2) Should such structure be destroyed by any means to an extent of 60 percent or more of its assessed value at time of destruction, it shall not be reconstructed except in conformity with the provisions of these zoning regulations.
2. Nonconformities In Any District Other Than Residential.
A. Nonconforming Use of Land. The regulations described in Subsection 1(A) of this section shall also apply to this subsection.
B. Nonconforming Use of Structures. The regulations described in Subsection 1(B) of this section shall also apply to this subsection, with the following exception: Any structure in any district other than a residential district devoted to a use made nonconforming by these zoning regulations may be structurally altered or enlarged in conformity with the lot area, lot coverage, frontage, yard, height, and parking requirements of the district in which located, provided such construction is limited to buildings on land owned, of record, by the owner of the land devoted to the nonconforming use prior to the effective date hereof. Such structural alteration or enlargement shall not authorize the substitution of a nonconforming use that is less restrictive than the one to which the structure was devoted at the time of adoption of these zoning regulations.
C. Nonconforming Structures. The regulations described in Subsection 1(C) of this section shall also apply to this subsection.
3. Required Repairs and Unauthorized Nonconformities.
A. Nothing in these zoning regulations shall be deemed to prevent the restoring 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.
B. Any use of land, use of structure, or structure, in existence at the time of adoption of these zoning regulations, which was not an authorized nonconformity under any previous zoning ordinance or similar regulations, shall not be authorized to continue its nonconforming status pursuant to these zoning regulations or amendments thereto.