All structures, lots, uses of structures and
uses of land that do not conform to the regulations of the zoning
district in which they are located after the effective date of this
chapter or amendment thereto shall be regarded as nonconforming and
may be continued so long as they remain otherwise lawful, including
subsequent sales of property.
Any lot which is not of the required minimum
street frontage or area, or is such dimensions that the owner would
have difficulty providing the required open spaces, may be utilized
for a single-family detached dwelling and permitted accessory uses
if:
A. Such lot was held in single and separate ownership
as of the time of the passage or amendment of this chapter; or
B. As of the time of the passage or amendment of this
chapter, such lot and any contiguous lot not held in a single and
separate ownership have characteristics or features which significantly
preclude their being "merged" to meet the lot area or street frontage
requirements of this chapter. By way of illustration and not in limitation,
the following are examples of characteristics or features which would
permit contiguous nonconforming lots held by the same identical owner
to be treated as separate nonconforming lots: a valid enforceable
easement in favor of a third party separating the two existing lots;
existing detached buildings containing dwelling units or commercial
uses on each of the contiguous nonconforming lots; significant differences
in natural features; elevations or contours such that such contiguous
nonconforming lots could not, as a practical matter, be merged and
utilized as one lot.
A nonconforming use of a structure or land may
be changed to another nonconforming use of the same or a more restricted
classification if authorized by the Board of Adjustment. Whenever
a nonconforming use of a structure or land has been changed to a more
restrictive classification or to a conforming use, such use shall
not thereafter be changed to a use of less restrictive classification.
A nonconforming use may be changed to another equally restrictive
or more restrictive nonconforming use only if authorized by the Board
of Adjustment as a special exception, subject to the following conditions:
A. The applicant shall demonstrate that the nonconforming
use cannot be reasonably changed to a conforming use.
B. The applicant shall demonstrate that the proposed
change will be no more objectionable in external effects than the
existing nonconforming use, or will be more appropriate than the existing
nonconforming use with regard (but not limited) to:
(1) Traffic generation and congestion.
(3) Noise, vibrations, smoke dust, fumes, vapors, gases
or odor.
(4) Outdoor storage, exterior display of merchandise.
(5) Sanitary disposal of waste.
(8) Number of employees on site.
(12)
Increased stormwater runoff.
Whenever a nonconforming use has been discontinued
or in a nonoperative status for a period of at least one year, such
use shall not thereafter be reestablished, regardless of change of
ownership, and any future use shall be in conformity with the provisions
of this chapter. The casual, intermittent, temporary, or illegal use
of land or buildings shall not be sufficient to establish the existence
of a nonconforming use, and the existence of a nonconforming use on
a part of a lot or tract shall not be construed to establish a nonconforming
use on the entire lot or tract.