The purpose of this article is to regulate nonconforming uses,
structures and lots. The following provisions shall apply to those
uses, structures and lots existing on the effective date of this chapter
that do not conform to the requirements set forth in this chapter.
A.
The lawful use of any structure or land existing at the time of the
enactment of this chapter may be continued although such use does
not conform to the provisions of this chapter.
B.
Any building or structure for which a valid building permit was lawfully
issued prior to the effective date of this chapter may be completed
and used in accordance with the plans and specifications for such
building or structure.
C.
Any preexisting legal use which is allowable by special use permit
under this chapter, but which has not been issued a special use permit,
shall be considered a permitted use. The expansion of such a use,
other than a single-family or two-family residence, shall require
site plan approval, unless such expansion has been permitted by a
prior site plan approval.
A.
A nonconforming use of land or structure shall be maintained and
shall not constitute a danger to the health, safety or general welfare
of the public. Nothing in this article shall prevent the strengthening
or restoring to a safe condition any wall, floor or roof which has
been declared unsafe by the Zoning Enforcement Officer or the Building
Inspector.
B.
The nonconforming use of land or structure shall not be enlarged
or extended beyond the area of land or structure occupied by such
use on the effective date of this chapter.
C.
A nonconforming use of land may not be moved in whole or in part
to any other portion of the lot or parcel of land occupied by such
nonconforming use on the effective date of this chapter.
D.
A nonconforming use shall not be changed to another nonconforming
use without approval by the Zoning Enforcement Officer and Corporation
Counsel, and then only to a use which, in the opinion of said authorities,
is more restricted and more compatible with the surrounding neighborhood
in which it is located. A change of use and compliance certificate
will be issued by the Zoning Enforcement Officer. No building or land
changed to a more restricted nonconforming use shall be changed back
to a less restrictive use.
E.
If a nonconforming use is discontinued for a period of 12 consecutive
months, it shall not be renewed, and any subsequent use of the land
shall conform to the regulations of the district in which the premises
is located. A use shall be deemed to have been discontinued under
any of the following conditions:
(1)
Vacancy of a nonconforming use or building or discontinuance of a
nonconforming use, for a period of 12 consecutive months.
F.
If a structure devoted to a nonconforming use is destroyed or damaged
by fire, wind, explosion or other natural causes, it may be rebuilt,
restored or repaired.
G.
If any structure in which any nonconforming use is conducted is hereafter removed for reasons or circumstances other than those described in Subsection F above, the subsequent use of the land on which such building was located and the subsequent use of any building erected thereon shall conform with the regulations of the district in which it is located.
A.
A nonconforming structure shall be maintained and shall not constitute
a danger to the health, safety or general welfare of the public.
B.
Where there is a conforming use in a noncompliant building, nothing
in this article shall be deemed to prevent the reconstruction or enlargement
of a noncompliant building containing a conforming use, provided that
such action does not create any new noncompliance or increase the
degree of noncompliance with regard to the regulations pertaining
to such buildings.
A.
A residential lot in an R-1, R-2, R-3, MU-1 or MU-2 District existing
on the effective date of this chapter which is less than the required
area or width or cannot meet the required front setback for any residential
use in the district may be used for residential purposes, provided
that the lot has a front setback equal to at least 60% of the required
minimum and that minimum side and rear setback requirements can be
met.
B.
No lot in existence on the effective date of this Zoning Ordinance
shall be subdivided or diminished in area in such a way that the lot
area, frontage, width, front, side or rear yard, coverage, required
parking spaces or green space no longer meets the requirements of
these regulations or any permit issued thereunder.
