[Ord. 01-09-18-1, 9/18/2001, § 2700]
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
A structure or part of a structure that does not comply with
the applicable area, setback, yard, building height, location, size,
impervious surface, or other dimensional requirements of this chapter
or amendment, where such structure lawfully existed prior to the enactment
of this chapter or amendments or prior to the application of this
chapter or amendments to its location by reason of annexation. Such
nonconforming structures include, but are not limited to, nonconforming
signs.
A use, whether of land or of structure, that does not comply
with the applicable use provisions in this chapter or amendments heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendments or prior to the application
of this chapter or amendments to its location by reason of annexation.
[Ord. 01-09-18-1, 9/18/2001, § 2701]
The owner of the nonconforming use or structure shall, upon
adoption of this chapter or amendment thereof, request to register
the nonconforming use or structure with the Zoning Officer on forms
available for this purpose.
[Ord. 01-09-18-1, 9/18/2001, § 2702]
1.
The lawful use of a building or structure or the lawful use of any
land as existing and lawful at the time of the enactment of this chapter,
or in the case of an amendment to this chapter then at the time of
such amendment, may be continued except as hereinafter provided, even
though such use does not conform to the provisions of this chapter
or subsequent amendments.
2.
If a property containing a lawful nonconforming use is subdivided
and/or developed with a conforming use pursuant to this chapter, the
nonconforming uses or uses may be continued provided that:
A.
The nonconforming use or uses meet all existing dimensional, performance,
parking and natural resource standards of this chapter.
B.
The nonconforming use or uses are placed on a minimum lot of three
acres for each nonconforming use, unless the nonconforming use or
uses is an industrial use that shall require a minimum lot area of
five acres for each nonconforming use.
[Ord. 01-09-18-1, 9/18/2001, § 2703]
1.
A structure that does not conform with the dimensional, area, parking,
buffer, environmental, or other requirements of this chapter may be
expanded only if the expansion meets all the requirements of this
chapter and the extent of the nonconformity is not increased. A Use
B1, Single-Family Detached Dwelling, may only be expanded by right
along the building lines of the existing nonconformity in keeping
with all applicable requirements of this chapter.
2.
A use that does not conform to the use regulations of the district
in which it is located may be expanded by special exception, provided
that:
A.
The proposed expansion shall take place only upon the same lot on
which the use existed at the time the use became nonconforming. Permission
to expand a nonconforming use as described in this section shall not
be construed to mean that new use or uses may be established. A nonconforming
use shall be prohibited from encroaching on another parcel of land
subsequently added to the original parcel.
B.
The proposed expansion shall conform with the setback, yard, area,
dimensional, building height, parking, buffers, sign, environmental,
and other requirements of the district in which said expansion is
located.
C.
Any increase in building, structure, use, or floor area shall not
exceed an aggregate of more than 50% of the building or floor area,
whichever is less, existent at the date the use became nonconforming
under this or previous ordinances, during the life of the nonconformity,
and shall be permitted under the provisions of this chapter. Structures
or land uses that have reached their maximum expansion allowance under
previous ordinances are not eligible for any increase in building
or floor area under this chapter. A structure which is nonconforming
in terms of height shall not be expanded to increase the height.
D.
No nonconforming use shall be expanded to displace a conforming use.
[Ord. 01-09-18-1, 9/18/2001, § 2704; amended by Ord. No. 2023-02, 2/14/2023]
A nonconforming building or structure, or any building or structure containing a nonconforming use, wholly or partially destroyed by fire, explosion, flood, or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within two years from the date the building was destroyed or condemned and shall be carried on without interruption. No further expansion of the original nonconforming use will be permitted unless it conforms to § 27-2704. If a nonconforming building or structure is removed or demolished by the owner, it shall be replaced only with a conforming structure.
[Ord. 01-09-18-1, 9/18/2001, § 2705; amended by Ord. No. 2023-02, 2/14/2023]
If a nonconforming use of a building, structure, or lot is abandoned
for a continuous period of one year, subsequent use of such building
or land shall be in conformity with the provisions of this chapter.
Abandonment shall commence when the nonconforming use ceases and/or
a conforming use is established.
[Ord. 01-09-18-1, 9/18/2001, § 2706]
In districts where residential uses are not permitted, an existing
nonconforming single-family detached dwelling may be maintained. A
minimum lot area of one acre, or the minimum lot size required in
the district, whichever is larger, shall be retained for any single-family
detached nonconforming dwelling, and no subdivision shall be permitted
which would reduce the lot area for the nonconforming dwelling to
less than one acre. Such dwellings shall retain minimum yards as follows:
front: 50 feet, sides: 25 feet each, and rear: 40 feet, except where
such yards are nonconforming, in which case the extent of the nonconformity
shall not be increased.
