176.33    NONCONFORMING USES, BUILDINGS AND STRUCTURES.  Within the districts established by this chapter, or by subsequent amendments thereto, there exist buildings, structures, and uses which were lawful before this ordinance was passed or amended, but which would be prohibited or restricted under the terms of this chapter or future amendments thereto.  It is the intent of this section to permit such nonconformities to continue until they are removed, but to discourage their continuation.  It is further the intent of this section that such nonconformities shall not be enlarged upon, structurally altered, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district.  This section provides for the regulation of such nonconforming uses, buildings, and structures and to specify those circumstances and conditions under which such nonconformities shall be permitted to continue.

1.                  Continuance of Nonconformities.  Any nonconforming use, building, or structure which existed lawfully at the time of adoption of this Zoning Ordinance and which remains nonconforming by the terms thereof, and any such lawful use, building, or structure which shall become nonconforming upon the adoption of this ordinance, or any subsequent amendment thereto, may be continued subject to the provisions set forth in this section.

2.                  Nonconforming Use of Land.  Where at the time of adoption of this ordinance, or subsequent amendment thereto, lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, and where such use does not involve any building or structure except a building or structure, incidental or accessory to the principal use of the land, such use may be continued provided;

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 adoption or amendment of this ordinance.

B.                 No such nonconforming use shall be moved in whole or in part to any adjoining property nor to any other portion of the lot or tract other than that occupied by such use at the time of adoption of this ordinance, or of a subsequent amendment thereto, which rendered the use nonconforming.

C.                 No additional structure not conforming to the terms of this ordinance shall be erected or placed on the lot and no existing nonconforming structure shall be enlarged or extended.

D.                 If no expansion, enlargement, or structural alterations are made, the nonconforming use may be changed to another nonconforming use of the same or more restricted zoning district 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.

3.                  Nonconforming Structures and Buildings – Bulk.  Where at the time of adoption of this ordinance, or subsequent amendment thereto, lawful use of a structure or building exists which would not be erected under the regulations imposed by this ordinance by reason of restrictions on area, lot coverage, height, yards, location on the lot, or other requirements concerning the structure or the building, such structure or building may be continued, provided:  No such nonconforming structure or building may be enlarged, expanded or altered in a way which increases its degree of nonconformity, but it may be altered if such alteration does not increase its degree of nonconformity.

4.                  Nonconforming Structures and Buildings – Use.  Where at the time of adoption of this ordinance, or of subsequent amendment thereto, lawful use of a structure or building exists which would not be permitted by the regulations of this ordinance, such use may be continued, provided:

A.                 No such structure or building shall be enlarged, expanded, moved, or structurally altered unless its use is changed to a use permitted in the district in which it is located.

B.                 Any nonconforming use may be extended throughout any existing parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside the building.

C.                 If no expansion, enlargement, or structural alteration is made, the nonconforming use may be changed to another nonconforming use of the same or more restricted zoning district 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.

D.                 Any structure, or structure and land in combination on the same lot, in which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the zoning district in which it is located and the nonconforming use may not thereafter be resumed.

E.                  Where nonconforming use status applies to a structure and land in combination of the same lot, removal or destruction of such structure, or change of such structure to a conforming use, shall eliminate the nonconforming status of the land, and thereafter the land shall be used only for a conforming use.

5.                  Nonconforming Signs.  Nonconforming signs shall be regulated by the provisions set forth in Section 176.31 of this chapter.

6.                  Repairs and Maintenance.  Ordinary repairs and maintenance may be carried out, in land, structures, or buildings nonconforming as to use or bulk, provided that no alterations are made which would add to the size, area, or degree of nonconformity.

7.                  Discontinuance of Nonconforming Uses, Structures, and Buildings.

A.                 No building or structure, or portion thereof, used whole or in part for nonconforming purposes according to the provisions of this ordinance, which hereafter becomes and remains vacant for a continuous period of 24 months shall again be used except in conformity with the regulations of the zoning district in which such building or structure is located.

B.                 No unimproved land use whole or in part for nonconforming purposes according to the provisions of this ordinance which hereafter becomes and remains vacant for a continuous period of twelve months shall again be used except in conformity with the regulations of the zoning district in which such land is located.

8.                  Nonconforming Home Occupations. 

A.                 Continuation of an existing home occupation beyond the effective date of this ordinance shall not be permitted unless it complies fully with all of the regulations of Section 176.30 of this chapter.

B.                 Existing beauty shops and barber shops in residentially zoned areas operating as home occupations shall not continue after any change in ownership of premises, occupancy of premises, or identity of beauty shop license.

9.                  Damaged Nonconforming Buildings or Structures.  A nonconforming building or structure which is destroyed or damaged by fire, explosion, or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed sixty-five percent (65%) of the fair market value of the building or structure before damage, based upon insurance value, shall not be restored except in conformity with all of the regulations of the district in which it is located or in conformity with Section 176.36(4)(B)(4) of this chapter pertaining to the powers of the Zoning Board of Adjustment.  If a nonconforming building or structure is damaged less than sixty-five percent (65%), it may be repaired, restored, or reconstructed and used as before the time of damage, provided that such repair, restoration, or reconstruction is started within twelve months of such damage, is diligently prosecuted to completion, and does not result in the expansion or enlargement of the degree of nonconformity of such building, structure, or use.

10.              Correcting an Unsafe Condition.  Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure, building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

11.              Nonconforming Accessory Uses, Buildings, and Structures.  Nonconforming accessory uses, buildings, and structures shall be subject to the provisions of this chapter.  A nonconforming use of land, structure, or building which is accessory to a principal nonconforming use or structure shall be discontinued when the principal nonconforming use or structure is discontinued, unless such accessory use of land or structure shall thereafter conform to all the regulations of the district in which it is located.

12.              Structures or Buildings in Violation.  A nonconforming structure or building erected, converted, or structurally altered in violation of the provisions of this chapter may be ordered removed or corrected by the proper officials at any time.  A nonconforming structure, building, or use in violation of the provisions of any ordinance which was repealed by the Zoning Ordinance shall not be validated by the adoption of this Zoning Ordinance.