[CC 1996 § 25-324; Ord. No. 891 § 25-1003]
A. 
Prohibition On Enlargement Of Non-Conforming Use. Except as otherwise provided in this Article, and specifically except as provided herein with respect to residential structures on property zoned A-1, Agricultural on the effective date of the Chapter, a non-conforming use may not be increased in size, scope or use, including physical alteration of a structure or the placement of a new structure on land, if this activity results in a larger or greater non-conforming use. Residential structures on property zoned A-1, Agricultural on the effective date of this Chapter may be increased in size, physically altered, new structures placed on the same parcel of land and existing structures repaired, maintained and restored, provided such action complies with all other applicable restrictions in this Code.
B. 
Prohibition On Expansion Of Area Of Non-Conforming Use. Except as otherwise provided in this Article, a non-conforming use may not be expanded to cover additional land.
[CC 1996 § 25-325; Ord. No. 891 § 25-1005]
A. 
Prohibition On Change Of Use. No change in use shall be made of property where a non-conforming use exists.
B. 
Change To Permitted Use. A non-conforming use may be changed to a conforming use if the applicant satisfies all of the applicable requirements of this Chapter. Once conformity with this Chapter is achieved, the non-conforming use status is terminated.
[CC 1996 § 25-326; Ord. No. 891 § 25-1006]
A. 
Abandonment. When a non-conforming use is discontinued for a consecutive period of one hundred eighty (180) days or discontinued for any period of time without a present intention to reinstate the non-conforming use, the non-conforming use shall be deemed abandoned and the property involved may thereafter only be used for conforming uses.
B. 
Effect Of Violation Of This Article. The expansion of a non-conforming use or other violation of this Article shall constitute abandonment of the non-conforming use pursuant to Subsection (A).
C. 
Effect Of Reducing Intensity, Scope, Or Area Of Non-Conformity. If a non-conforming use is lawfully reduced in scope, area or intensity, but not discontinued or abandoned, no right shall exist to thereafter restore the original scope, area or intensity of the non-conforming use.
D. 
Determination For Property As A Whole. For purposes of determining whether a right to continue a non-conforming use is lost pursuant to this Section, all of the structures, activities, and operations on a lot are to be considered as a whole. If a non-conforming use is maintained in conjunction with a conforming use, discontinuance of a non-conforming use for the required period shall terminate the right to maintain the non-conforming use.
[CC 1996 § 25-327; Ord. No. 891 § 25-1007]
A. 
Compliance With This Chapter. Non-conforming signs shall be subject to the additional regulations established in this Section.
B. 
Prohibition On Alteration Of Non-Conforming Signs. A non-conforming sign may not be enlarged, moved, or replaced, nor may the face appearance be altered, nor illumination added, except to lawfully bring the sign into complete conformity with the provisions of this Chapter or for maintenance authorized in this Section.
C. 
Sign Maintenance And Repair. Subject to the other provisions of this Section, non-conforming signs may be maintained and repaired so long as the cost of the work within any twelve-month period does not exceed fifty percent (50%) of the value of the sign.
D. 
Abandonment Of Non-Conforming Sign. If a non-conforming sign, other than a billboard, is blank or advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, the non-conforming aspect of that sign shall be deemed abandoned and shall be removed within thirty (30) days after the abandonment by the sign owner, owner of the property where the sign is located or other person having control over the sign.
E. 
Non-Conforming Billboard.
1. 
If a non-conforming billboard remains blank for a continuous period of one hundred eighty (180) days, that billboard shall be deemed abandoned and shall, within thirty (30) days after the abandonment, be altered to comply with this Article or be removed by the sign owner, owner of the property where the sign is located, or other person having control over the sign.
2. 
For purposes of this Section, a sign shall be deemed "blank" if:
a. 
It advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted; or
b. 
The advertising message it displays becomes illegible in whole or substantial part.
F. 
Failure to pay any applicable tax or license fee on any billboard shall also constitute abandonment of the sign.
[CC 1996 § 25-328; Ord. No. 891 § 25-1008]
A. 
Identification. A parcel of property that was zoned R-1 prior to the effective date of this Chapter and has remained undeveloped since the effective date of this Chapter may be developed as a legal non-conforming residential lot if the lot satisfied the following criteria:
1. 
The lot is smaller than seven hundred fifty (750) square feet or is identified on the "Residential Non-Conforming Small Parcel Map" that is maintained by the Zoning Officer;
2. 
The lot was platted before 1970; and
3. 
The lot does not contain any structure.
B. 
Allowable Development. A parcel of property that satisfies the criteria set forth in Subsection (A) may only be improved with one (1) single-family dwelling, provided that the dwelling, including the garage, shall contain a minimum of eight hundred and fifty (850) square feet of net floor area. In addition, the dwelling must be stick-built.
C. 
Procedure. The applicant shall submit a site plan pursuant to Section 400.260, with sufficient additional information to demonstrate that the criteria set forth in Subsection (A) are satisfied for the lot. The site plan shall be considered pursuant to Section 400.270, and the Commission may approve the site plan only if the criteria set forth in Subsection (A) have been satisfied in addition to the criteria set forth in Section 400.270. All other regulations in Article III apply to consideration and approval of the site plan.
D. 
Setbacks. Twenty (20) feet in front, twenty five (25) feet in back and eight (8) feet on each side, exactly.
[CC 1996 § 25-329; Ord. No. 891 § 25-1009]
A. 
Completion Of Initiated Projects. All non-conforming projects on which construction was initiated at least one hundred eighty (180) days before the effective date of this Chapter, as well as all non-conforming projects that are at least ten percent (10) completed in terms of the total expected cost of the project on the effective date of this Chapter, may be completed in accordance with the terms of validly issued permits if those permits remain unrevoked and unexpired.
B. 
Completion Of Phases. When a project was intended to be or reasonably could be completed in phases, the person shall be allowed to complete only those phases with respect to which the person can make the showing required under Subsection (A).