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A. Intent. Within the zone districts established in this title as amended, there exist lots, structures and uses of land and structures, which were lawfully established before this title was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this title as amended. It is the intent of these regulations to permit such nonconformities to continue until they are destroyed or removed, but not to allow them to be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone district.

B. Where at the time of the passage of these land use regulations, or amendments thereof, lawful uses of land exist which would not be permitted by the regulations imposed by this title, the use may be continued so long as it remains otherwise lawful, provided:

1. 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 title;

2. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption of this title;

3. If any such nonconforming use of land ceases for any reason for a period of one (1) year, any subsequent use of such land shall conform to the regulations specified by this title for the zone district in which such land is located; and

4. No additional structure not conforming to the requirements of this title shall be erected in connection with such nonconforming use of land.

C. A nonconforming use shall not be changed to a use of a lower or less restrictive classification, but such nonconforming use may be changed to another use of the same or higher classification as further specified in subsection (G) of this section.

D. Nonconforming Structures. Where a lawful structure at the effective date of the adoption or amendment of these regulations that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the 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 structures or nonconforming portion of a structure be destroyed or partially destroyed in excess of fifty percent (50%) of its replacement value by any means and shall not have been repaired or replaced within one (1) year from the date of loss, it shall not be reconstructed except in conformance with the provisions of this title.

3. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone district in which it is located after being moved.

E. Repairs and Maintenance.

1. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding ten percent (10%) of the current replacement cost of the nonconforming structure as the case may be; provided, that the cubic content existing when it became nonconforming shall not be increased.

2. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the zone district in which it is located.

F. Nonconforming Lots of Record. Where, at the effective date of the adoption of these regulations or amendments hereto, a lot of record located in a RA, LDR, MDR, or HDR Zone District was in separate ownership and cannot meet the minimum requirements for area or width, a single-family dwelling and customary accessory buildings may be erected on any single lot of record provided such lot is in separate ownership and not of continuous frontage with other lots in the same ownership.

G. Priority of Use Classification. Whenever in this article reference is made to a higher (or more restrictive) classification and lower (or less restrictive) classification of uses in providing that a nonconforming use may be converted to a higher but not lower classification, uses shall be considered higher or lower according to the following sequence (highest to lowest); agricultural, residential, public, office, accommodations, commercial, light industrial and heavy industrial. (Ord. 711 §1 (Exh. A), 2017)