Any nonconforming structure or use lawfully
existing at the time of enactment of this chapter or any subsequent
amendment may be continued under the following conditions:
A. A nonconforming use shall terminate upon abandonment
at any time, which shall be presumed when the actual conduct of a
nonconforming use is discontinued for a period of 12 consecutive months
for any reason. The structure or premises or structure and premises
in combination, as the case may be, shall not thereafter be used except
in conformance with the regulations of the district in which it is
located.
B. A nonconforming use shall not be enlarged, extended,
moved to a different position on the lot or structurally altered in
any way except as may be required for normal maintenance or to modernize
or redecorate existing bath, kitchen, utility or living areas or to
prevent damage or injury. A preexisting nonconforming use in a structure
may be changed to a use permitted in the district in which it is located.
All renovations must be within the existing footprint of the building.
C. A nonconforming structure shall not be enlarged or
altered in a way which increases its nonconformity and shall not be
moved any distance whatever unless it will thereafter conform to the
regulations of the district in which it is located.
D. A nonconforming structure or use may be restored or reconstructed if damaged or destroyed by fire or other accidental cause, subject to the limitations of Subsections
A,
B and
C above.
E. Any structure or premises or structure and premises
in combination in or on which a nonconforming structure or use is
superseded by a permitted structure or use shall thereafter conform
to the regulations of the district in which it is located, and the
nonconforming structure or use shall not thereafter be reinstituted.
F. The Municipal
Zoning Officer and Municipal Building Official shall be permitted
to administratively approve, through the issuance of a zoning permit
and building permit, the equal replacement in square footage of existing
concrete or solid brick patios and walkways, with grass paving units,
provided that the following conditions are met:
[Added 8-22-2009 by Ord. No. 2009-28]
(1) All
work is within the current footprint of the patio or walkway and there
is no expansion beyond those areas.
(2) The
grass paving units are installed in accordance with the grass paving
units manufacturer's specifications.
(3) There
is no surface grade changes unless approved by the Zoning Official
to assure improved drainage runoff or lessen runoff onto an adjacent
property.
(4) The
applicant shall provide both an existing and as-built survey to assure
compliance.
G. No permit shall be issued for the demolition of any principal structure
that contains an existing nonconforming accessory structure on the
same lot unless the Combined Planning/Zoning Board has approved the
continuance of the nonconforming accessory structure by resolution.
The mere submission of an application to the Board shall not constitute
satisfaction of this condition.
[Added 2-22-2017 by Ord.
No. 2017-03]