§ 154.060  NONCONFORMING USES, STRUCTURES AND LOTS.
   (A)   The lawful use of any building, structure or land existing on the effective date of this chapter, or authorized by an improvement location permit issued prior thereto, may be continued, although such use does not conform with the provisions of this chapter.
   (B)   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 restriction on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
      (1)   No such nonconforming structure may be enlarged or altered in any way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
      (2)   Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
      (3)   Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to zoning regulations.
   (C)   If a nonconforming use has been abandoned, any future use of such land, building or structure shall be in conformity with the provisions of the chapter regulating the use in the district in which such land, building or structure may be located; provided, however, that abandonment of any particular agricultural or manufacturing process shall not be construed as abandonment of agricultural or manufacturing use.
   (D)   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 adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. 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 those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Zoning Appeals. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and area the lands involved shall be considered to be an undivided parcel for the purpose of this chapter.
(1986 Code, § 1317.01)  (Ord. passed 1-28-1991)