A.Â
Purpose. These regulations are enacted for the purposes of governing
nonconformity, regardless of whether it is a use, a structure or a
lot.
B.Â
Continuation. Except as otherwise specified in this article, any
nonconformity which lawfully existed at the time of passage of the
applicable provisions of this or any prior ordinance or any amendment
thereto may be continued subject to the provisions of this article.
[Amended 3-21-2023 by Ord. No. 2-2023]
A.Â
Changes or modifications.
(1)Â
A nonconforming use may be changed to a conforming use pursuant to
all applicable provisions of this chapter. When a nonconforming use
has been made conforming, it shall not be made nonconforming again.
(2)Â
No nonconforming use shall be changed in any way that would have
the effect of increasing the density, intensity, or occupancy of the
nonconforming use. Any such change shall only be permitted by the
Zoning Board of Appeals using the same criteria used for use variances.
B.Â
Discontinuance. Any nonconforming use that has been discontinued
for any reason for the periods listed as follows shall not be reestablished
as a nonconforming use, and any future use of the property shall be
in conformity with this article.
(1)Â
Rooming houses housing more than three unrelated individuals and
dwelling units housing more than three unrelated individuals, for
a period of six consecutive months or more.
(2)Â
Fraternities, sororities, and membership association houses, where
permitted by special use permit, for a period of six consecutive months
or more.
(3)Â
Bars, for a period of six consecutive months or more.
(4)Â
All other nonconforming uses which have been discontinued for a period
of 24 consecutive months.
(a)Â
Exceptions:
[2]Â
Multifamily structures legally existing at the time of the adoption
of this code shall be considered both conforming in use and structure.
For the purpose of this section a "legally existing structure" shall
be defined as a structure either constructed or converted in compliance
with any applicable building code in effect at the time of the conversion,
including any required permits and/or inspections.
Existing nonconforming buildings are buildings which, while
they may or may not conform in use, do not conform in one or more
area requirements such as: height, setback, yard, lot area, lot dimension,
land coverage, off-street parking, loading or similar dimensional
requirements of this chapter.
A.Â
Changes or modifications.
(1)Â
Such nonconformities shall not prevent normal maintenance and repair
or structural repair as long as maintenance and repair do not increase
said nonconformities. Any change or modification to a nonconforming
structure, other than to full conformity, shall only be allowed subject
to the following:
(2)Â
When any portion of a nonconforming structure has been made conforming,
it shall not be made nonconforming again.
B.Â
Discontinuance. A nonconforming structure that has been demolished
or moved shall not be rebuilt or relocated in any way other than in
full conformance with the provisions of this chapter. Structures that
have been damaged to the extent of more than 50% of the replacement-in-kind
cost shall only be repaired or rebuilt in conformity with the provisions
of this chapter. A nonconforming structure that is nonconforming because
of the height, setback, yard, lot area, lot dimension, land coverage,
off-street parking, loading or similar dimensional requirements of
this chapter, that houses a nonconforming use which has been discontinued
in accordance with this article, shall be brought into full conformance
with the provisions of this chapter.
Existing lots or parcels may contain conforming uses and structures
but may not conform to the lot dimensions of this chapter. Development
may occur on a nonconforming lot or parcel only in the following manner:
A.Â
Existing small lots. Subject to site plan review and approval, existing
lots or parcels may be developed for the purposes permitted in the
district it is located even though not conforming to the minimum lot
size requirements, provided such lot is not less than 4,000 square
feet in area with a minimum width and depth dimension of 40 feet.
B.Â
Required frontage or access. No land development will be permitted
on lots that do not have frontage on a public road. For existing lots
or parcels, development shall be permitted, subject to site plan review
and approval, if access to such road exists by permanent easement
or right-of-way of at least 25 feet in width.
C.Â
Changes or modifications. Changes and modifications to nonconforming
lot dimensions are subject to the following requirements:
(1)Â
No change shall be permitted to any nonconforming lot which would
have the effect of increasing the density at which the property is
being used, or increasing the structure located upon such lot, if
the dimensional requirements and standards, including parking, of
the underlying zoning district are not met as a result thereof.
(2)Â
Any lot changes proposed on a nonconforming lot are subject to site
plan review.
(3)Â
A lot shall be considered nonconforming if there is not sufficient
parking, as determined by the standards set forth in the Table of
Parking Requirements by Use,[1] or if there is parking in the front yard, excluding any
driveway leading to a garage or to a parking space further back than
the front yard.
[1]
Editor’s Note: The Table of Parking Requirements by Use, listed in § 300-101, is included at the end of this chapter.
(4)Â
In such cases where a parking waiver or waivers or variance or variances
may be or have been legally granted, such a waiver or variance shall
not be considered to increase the degree of nonconformity.
(5)Â
Nonconforming lots may not be created nor reduced in size without
variance approval by the Zoning Board of Appeals.
