It is the intent of article to permit legal nonconforming lots, structures or uses to continue until they are removed. Nonconforming uses are not encouraged to survive.
A. 
It is recognized that there may exist within the districts established by this chapter, and subsequent amendments, lots, structures, signs and uses of land and structures which were lawful before this chapter was passed or amended which would be prohibited, regulated or restricted under terms of this chapter to be incompatible with permitted uses in the districts involved.
B. 
It is further the intent of this chapter 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 district.
C. 
Nothing in this chapter 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 adoption or amendment of this chapter and upon which actual building construction has been diligently conducted.
In any zoning district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of this chapter or any subsequent amendment. This provision shall apply even though such lot fails to meet the requirements for area and/or width that are generally applicable in the district, provided that the yard dimensions and other requirements not involving area and/or width of the lot shall conform to the regulations for the district in which such lot is located. When an unimproved lot exists and a work permit for improvement is requested, it must comply and conform to the clearly prevailing setback, parking, signage and other exterior patterns of the ordinances of the district.
In any zoning district in which nonconforming structures exist, the nonconforming structure may conform its uses to comply with the surrounding structures' uses. Nonconforming structures can be classified as permitted uses after they have met the following criteria:
A. 
The nonconforming structure's proposed use shall be subject to all regulations of the district in which it is located.
B. 
The nonconforming structures must provide adequate off-street parking.
C. 
The nonconforming structures must provide a reasonable egress and ingress to limit or prevent the creation of hazardous traffic conditions in the vicinity in which the nonconforming use is situated.
D. 
The nonconforming structure shall not impose hazardous health and safety conditions within the district through emission of hazardous waste materials, creation of loud noises, and other nuisances.
No land within any district will retain a nonconforming status once a structure is demolished or transformed to meet the regulations of the structures of the district. The land and usage of the land shall no longer be nonconforming.
A nonconforming sign shall not be altered, enlarged or reconstructed unless the reconstruction, alterations and enlargements comply with the current regulations.
A. 
Repairs and maintenance. Normal maintenance of nonconforming signs shall be permitted. Normal maintenance consists of painting of chipped or faded signs, replacement of faded or damaged surface panels, or repair or replacement of electrical wiring or electrical devices.
B. 
Nonconforming changeable copy signs. The sign face or message on a nonconforming changeable copy sign or nonconforming bulletin board sign may be changed, provided that the change does not create any greater nonconformity.
C. 
Substitution. No nonconforming sign shall be replaced with another nonconforming sign. However, the panel containing the message may be replaced with a different message without affecting the legal nonconforming status of a sign, provided that the sign structure or frame is not altered.
Nonconforming status is established for any structure or land usage when the structure and land usage does not comply with the regulations of the zoning district. In order for a structure to be established as a nonconforming structure it must have existed before the land ordinances and/or amendments to the land ordinances were adopted.
A. 
Structural alteration. A nonconforming structure may be enlarged or structurally altered, provided the enlargement or alteration does not encroach any further into a required yard than the existing nonconforming structure does, and further provided that no new nonconformities are created.
[Amended 8-14-2019 by Ord. No. 983]
B. 
Damage or destruction. In the event a structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed by any means to an extent that the replacement cost is more than 40% of the insured value of the entire structure, exclusive of foundation, it shall be reconstructed only in conformity with the regulations for the district in which it is located. Moreover, no repairs or restoration shall be permitted unless a building permit is obtained, and restoration or repairs shall not be permitted unless a building permit is obtained and restoration actually begun within 12 months of the date of such partial destruction and is diligently pursued to completion.
C. 
Moving. Should a nonconforming use of land or structure be moved, in whole or in part, for any reason for any distance, it shall thereafter conform to the regulations for the district in which it is located after being moved.
D. 
Change. A nonconforming use which is hereafter discontinued for any reason and remains such for a continuous period of one year shall not thereafter be reestablished. Such location shall thereafter be occupied by a use which conforms to the regulations for the district in which it is located. For the purpose of this chapter, "discontinuance" shall be defined as the removal of inventory or equipment from the premises, ceasing of all business activity and/or failure to renew required licenses.
E. 
Nonconforming accessory use. A nonconforming accessory use shall not continue to remain after the principal use to which it is an accessory use has been destroyed, relocated, abandoned or discontinued.