A.
Within the zoning districts established by this chapter
or subsequent amendments thereto, there exist or will exist certain
nonconformities which, if lawful before this chapter was passed or
amended, may be continued, subject to certain limitations.
B.
Nothing contained herein shall require any change
in the plans or construction of any building or structure for which
a permit was granted prior to the effective date of this chapter.
However, such construction must commence within 30 days after this
chapter becomes effective. If construction is discontinued for a period
of six months or more, further construction shall be in conformity
with the provisions of this chapter for the district in which the
operation is located.
In any district, structures may be erected on
any single lot of record at the effective date of adoption or amendment
of this chapter or land may be used notwithstanding limitations imposed
by other provisions of this chapter. This provision shall apply even
though such lot fails to meet the requirements for area or width,
or both, that are generally applicable in the district, provided that
yard dimensions and requirements, other than those applying to area
or width, or both, shall conform to the regulations for the district
in which such lot is located. Variance of yard requirements shall
be obtained only through action of the Board of Zoning Appeals.
Lawful uses of land, that is, uses not carried
on in a structure, which at the effective date of this chapter are
or as a result of subsequent amendments thereto become nonconforming
may be continued by the present or any subsequent owner so long as
it remains otherwise lawful, subject to the following provisions:
A.
Extension. No such nonconforming use shall be enlarged
or increased, nor extended to occupy a greater area of land than 40%
more land than was owned or leased by the user at the effective date
of adoption or amendment of this chapter.
B.
Discontinuance. Wherever a nonconforming use of land
has been discontinued for a period of two years, such use shall not
thereafter be reestablished. Any future use shall be in conformity
with the provisions of this chapter.
C.
Changes or moving of use. A nonconforming use, if
changed to a conforming use, shall not thereafter be changed back
to any nonconforming use. A nonconforming use may, by special exception,
be changed to another nonconforming use, provided that the governing
body shall find that the proposed use is equally appropriate or more
appropriate in the zoning district than the existing nonconforming
use.
D.
Additional structures or buildings. No additional
structures or buildings not conforming to the requirements of this
chapter shall be erected in connection with such nonconforming use
of land.
Structures or buildings which at the effective
date of this chapter or subsequent amendments thereto become nonconforming
by reason of restrictions on area, lot coverage, height, yards or
their location on the lot may be continued to be used so long as such
structure or building remains otherwise lawful, subject to the following
provisions:
A.
Enlargement. No such nonconforming structure or building
may be enlarged or altered in a way which increases its nonconformity,
but any structure or portion thereof may be altered to decrease its
nonconformity; provided, however, that any structure or building which
existed prior to the adoption of this chapter may be added to, enlarged
or altered to the extent that any new addition, enlargement or alteration
shall not extend any greater distance into the minimum yard dimensions,
as defined by this chapter, than the dimensions of the structure or
building which existed prior to the adoption of this chapter and further
conditioned upon issuance of a zoning permit upon proper application.
[Amended 9-14-1992]
B.
Damage or destruction. A nonconforming structure which
is destroyed or partially destroyed by any means to an extent of 75%
or more of the market value thereof immediately prior to such damage
or destruction shall not be repaired or restored to a nonconforming
status, but shall be reconstructed in a manner and used only in conformity
with the provisions of this chapter, unless construction is begun
within 24 months after the destruction or partial destruction has
taken place.
C.
Moving of structure or building. No nonconforming
structure or building shall be, for any reason, moved for any distance
unless it shall thereafter conform to the zoning regulations for the
district in which it is located after it is moved.
Lawful uses of structures or buildings which
at the effective date of this chapter or as a result of subsequent
amendments thereto become nonconforming may be continued by the present
or any subsequent owner so long as such use remains otherwise lawful,
subject to the following provisions:
A.
Extension. A nonconforming use may be extended throughout
any part of an existing structure or building or any alteration, extension
or addition to such structure, provided that any structural alterations,
extensions or additions shall comply with all provisions of this chapter
with respect to height, area, width, yard and coverage requirements
for the zoning district in which the structure or building is located.
However, such extension of a nonconforming use shall not exceed 50%
of the gross floor area occupied by said nonconforming use at the
time such nonconforming use became nonconforming or more than the
maximum building coverage allowed in the district in which the structure
is situated at the effective date of adoption or amendment of this
chapter, whichever is greater.
B.
Change of use. A nonconforming use, if changed to
a conforming use, shall not thereafter be changed back to any nonconforming
use. A nonconforming use may, by special exception, be changed to
another nonconforming use, provided that the governing body shall
find that the proposed use is equally appropriate or more appropriate
in the zoning district than the existing nonconforming use.
C.
Discontinuance. Whenever a nonconforming use of a
structure or building or portion thereof has been discontinued or
abandoned for two years, such structure or building or portion thereof
shall not thereafter be used for a nonconforming use.
D.
Destruction. Removal or destruction of the structure
or building in which a nonconforming use is located shall eliminate
the use of the land upon which the structure or building was erected
for a nonconforming use. "Destruction," for the purpose of this subsection,
is defined as damage to an extent of 75% or more of the market value
of the structure or building immediately prior to such damage or destruction.
However, if construction begins within 24 months after destruction
or partial destruction occurs, the same nonconforming use or a use
which is more appropriate in the zoning district, according to the
governing body, may be carried on.
A.
To facilitate the administration of this chapter,
it shall be the duty of the Zoning Administrator to prepare and maintain
an accurate listing of uses and structures in all districts not permitted
by right in that district and for which no special exception or variance
has been issued and which does not otherwise comply with all sections
of this chapter. Such a listing shall be a matter of public record
and shall constitute sufficient notice of the nonconforming status
of said use and the limitations therein expressed and implied to any
transferee acquiring any right to use or own such property. This list
of nonconformities shall consist of statements concerning the general
character of such nonconformities and conduct of such use and any
effects, adverse or otherwise, that this nonconformity has on the
surrounding area.
B.
After establishing the existence of a nonconformity,
the Zoning Administrator shall notify owners of such land, structures
or uses of structures or land, in writing, of the nonconformance and
of the limitations on such land, structures or use of structures or
land.
