Notwithstanding anything contained in this chapter to the contrary,
a retaining wall existing on December 16, 2011, which is constructed
in a required yard area may be replaced, provided:
A.
The
replacement retaining wall will be no higher and will not deviate
from the location of the retaining wall it is replacing.
B.
An existing
retaining wall that spans a property line may only be replaced with
the consent of all the owners of property on which the existing retaining
wall is constructed.
C.
No building
permit shall be issued until a property survey showing the height
and location of the existing retaining wall and drawings detailing
the new retaining wall, all prepared by an appropriate professional,
are submitted and approved by the Building Inspector.
A.
Any structure or use legally existing or authorized
by a valid, unexpired building permit issued prior to the effective
date of this chapter may be continued although such structure and/or
use does not conform to the provisions of this chapter.
B.
If a nonconforming use ceases for one year, it shall
be deemed to be abandoned, and any subsequent use shall be in conformity
with the provisions of this chapter.
A nonconforming use of a structure 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 has been changed to a more restrictive classification
or to a conforming use, such use shall not thereafter be changed to
a use of a less restrictive classification.
Repairs, re-siding and internal alterations,
including structural, may be made in any structure or part thereof
which is devoted to a nonconforming use or which was erected in a
nonconforming manner, provided that a special exception must be secured
if the existing nonconforming use is being changed to a different
nonconforming use or the existing nonconforming area within the structure
is to be increased.
[Added 8-7-2006 by Ord. No. 0806-1]
Any nonconforming structure or structure devoted
to a nonconforming use shall be deemed abandoned if such structure
is demolished or if more than 50% of such structure is removed. Such
structure shall not be rebuilt, repaired, remodeled, or altered unless
the entire structure is made to comply with this chapter.
A.
A structure devoted to a nonconforming use may not
be extended vertically, horizontally or in any other direction.
B.
Any legal nonconforming structure devoted to a conforming
use may be extended, provided that such extension conforms to the
applicable dimensional requirements of the zoning district in which
the legal nonconforming structure is located.
[Amended 8-7-2006 by Ord. No. 0806-1]
C.
In an R-1 or R-1(S) District where an accessory structure
is used in part as a dwelling or dwelling unit as defined herein and
is permitted as a valid nonconforming use, the dwelling unit use may
not be extended within the structure.
D.
In an R-1 or R-1(S) District where an accessory structure
is not being used as a dwelling unit as defined herein but is being
used, in whole or in part for either living or sleeping, such use
or uses may not be extended within the structure nor may the structure
be extended either vertically, horizontally or in any other direction
if such extension is used or intended to be used for either living
or sleeping.
A nonconforming structure or a structure occupied
by a nonconforming use which is destroyed by fire, explosion or act
of God may be rebuilt and reused for the same purpose, provided that:
A.
The reconstruction of the building is commenced within
six months from the date the building was destroyed and is carried
through completion without undue delay. The Board of Adjustment may
grant an extension of not exceeding an additional period of six months,
within which the reconstruction may be commenced in any case where
the delay has been the result of causes outside the control of the
owner of the building so destroyed.
B.
The reconstructed building does not exceed in height
the limit in the zoning district of the building destroyed, except
when authorized by a special exception.
The existence and extent of a nonconforming
use shall be a question of fact to be determined by the Building Inspector.
If, after investigation and an on-site inspection, he cannot make
a confident determination, he shall deny the existence or extent of
the nonconformity and shall notify the property owner of his right
to appeal to the Board of Adjustment.
[1]
Editor’s Note: Former § 270-53, Relocation of
nonconforming restaurant, was repealed 10-21-2016 by Ord. No. 1016-01.
[1]
Editor’s Note: Former § 270-54, Relocation of
nonconforming patio, was repealed 10-21-2016 by Ord. No. 1016-01.
[Added 1-10-1997 by Ord. 197-2]
A.
Any use of land devoted to a nonconforming use shall
not be extended.
B.
Every building lot in a R-1(S), R-1 or R-2 District not having the mandated percentage of gross lot area remaining a natural area, as required by § 270-21A(1), existing at the time of the effective date of this section, shall not be decreased in size as to its existing natural area.
