As used in this article, the following terms shall have the meanings indicated:
NONCONFORMING STRUCTURE OR LOT
A structure or lot that does not conform to a dimensional regulation prescribed by this chapter for the district in which it is located or to regulations for signs, off-street parking, off-street loading or accessory buildings, but which structure or lot was in existence at the effective date of this chapter and was lawful at the time it was established.
NONCONFORMING USE
A use of a building or lot that does not conform to a use regulation prescribed by this chapter for the district in which it is located, but which was in existence at the effective date of this chapter and was lawful at the time it was established.
A. 
Within the districts established by this chapter, or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this chapter was passed or amended but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended or be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
B. 
Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses the nature of which would be prohibited generally in the district involved.
C. 
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any parcel of land on which actual or constructive construction was lawfully begun prior to the effective date of adoption of this chapter. "Constructive construction" is hereby defined to include all proposed construction for which a zoning permit has been obtained from the Town of Brutus. "Actual construction" is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently and a zoning permit for such work has been obtained from the Town of Brutus.
D. 
If the work described in any zoning permit hereinabove included under the definition of constructive construction has not begun within 90 days from the date of adoption or amendment of this chapter, then said permit shall expire, and said proposed construction shall require the issuance of a new zoning permit.
E. 
If the work described in any zoning permit hereinabove included under the definition of constructive construction or any work of whatever nature proposed or desired where actual construction began prior to the effective date of this chapter has not been substantially completed within 24 months of the effective date of adoption of this chapter, any and all further work shall cease, and a new zoning permit shall be required as hereinafter provided.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected in any single lot of record or a lot or parcel described by metes and bounds or a lot in an unrecorded plat which was the subject of a contract to purchase or article of agreement executed prior to the effective date of this chapter, notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet the requirements of area or width, or both, that are generally applicable in the district. Variance of yard requirements shall be obtained only through action of the Zoning Board of Appeals. A nonconforming single-family residence may be enlarged or extended, provided that the dimensional nonconformance is not increased thereby.
Where, at the time of passage of this chapter, lawful use of land exists which would not be permitted by the regulations imposed by this chapter, and where such use involves no individual structure with a replacement cost exceeding $1,000, the use may be continued so long as it remains otherwise lawful, provided that:
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 chapter.
B. 
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 or amendment of this chapter.
C. 
If any nonconforming use of land ceases for any reason for a period of more than 60 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
D. 
No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.
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 restrictions of 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:
A. 
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.
B. 
Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 75% of its replacement cost at the time of destruction, it shall not be reconstructed except to the exact or more conforming dimensions as it existed on the date of its destruction, which reconstruction shall be commenced and completed with due diligence; provided, however, that if and when the principal place of residence of a citizen of the Town of Brutus is destroyed by accidental fire, hurricane, tornado or other act of God, said homeowner may rebuild said residence to the original type and size of the structure, or said homeowner or mobile home owner may rebuild or replace with a superior type of construction. This applies only to property occupied by the homeowner at the time of the disaster.
C. 
Should such structure be moved for any reason to any district whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
If lawful use involving individual structures with a replacement cost of $1,000 or more, or of structures and premises in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. 
No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located.
B. 
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
C. 
If no structural alterations are made, any nonconforming use of a structure or structure and premises may, as a special exception, be changed to another nonconforming use which is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Board of Appeals may require appropriate conditions and safeguards in accord with the provisions of this chapter.
D. 
Any structure, or structure and land in combination, in or on which a nonconforming use was partially superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
E. 
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months during any three-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
F. 
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 75% of the replacement cost at the time of destruction.
A. 
On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 25% of the current replacement cost of the nonconforming structure or nonconforming portion of the structure, as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.
B. 
If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to the 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 district in which it is located.
C. 
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
Once changed to a conforming use, no structure or premises shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions:
A. 
Such change shall be permitted only by special permit, under the provisions of Article XI.
B. 
The applicant shall show that the nonconforming use cannot reasonably be changed to a use permitted in the district where such nonconforming use is located.
C. 
The applicant shall show that the proposed change will be less objectional in external effects than the existing nonconforming use.
Any use which is permitted as a special permit use in a district under the terms of this chapter (other than a change through the Zoning Board of Appeals action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of different classification, the foregoing provisions shall also apply to any nonconforming uses or structures existing there.