Unless otherwise provided in this chapter, any lot, building, structure or use of land that is not conforming with the provisions of this chapter, but that is lawfully existing under the provisions of the local law in effect immediately prior to the date on which this chapter becomes effective, may be continued subject to compliance with the conditions set forth in §§ 295-55 through 295-65 below. Any unexcused failure to comply with those conditions shall immediately render the lawful nonconformity unlawful; and the lot, building or structure and any use thereof shall thenceforth conform to this chapter. This section shall also apply to any lot, building, structure or use lawfully existing on the effective date of any amendment to this chapter that makes such lot, building, structure or use nonconforming with this chapter.
A.
No lot, building or structure that is lawfully nonconforming
with respect to any area requirement, including, without limitation,
height, minimum yard size or minimum lot area per family, shall be
enlarged or altered in such a manner as to increase the nonconformity
or so as substantially to enlarge or increase the habitable or other
useful area of the nonconformity, including, without limitation, the
alteration of roof or floor levels or the addition of habitable or
other useful area above or below a lawfully nonconforming building
or structure.
B.
No lawfully nonconforming use of any land, building
or structure shall be enlarged, increased or extended to occupy a
greater area of the land, building or structure than that occupied
by the use at the time of the adoption of this chapter, nor shall
such a lawfully nonconforming use be moved in whole or in part to
any other portion of the land, building or structure occupied by that
use at the time of the adoption of this chapter or to any other land,
building or structure.
A.
No lot, building or structure that, because of a previously
granted variance or otherwise, is not in compliance with this chapter
shall be enlarged, moved or altered, except as follows:
(1)
If the enlargement, move or alteration would reduce
the nonconformity;
(2)
If the enlargement, move or alteration does not require
a building permit;
(3)
If the enlargement, move or alteration is made pursuant
to an order of the Building Inspector to strengthen or restore the
building or structure or any part thereof to a safe condition; or
B.
A one- or two-family dwelling that is conforming with
respect to use but not conforming with respect to one or more area
requirements may be enlarged or altered in such a manner as not to
increase the nonconformity.
The only use to which a lawfully nonconforming
use may be changed is one that is permitted under this chapter, except
that the Board of Appeals, upon application made within six months
after the cessation of the lawfully nonconforming use and after notice
and hearing, may grant a temporary conditional permit for a new use
that does not conform with this chapter, provided that the Board shall
find that:
A.
The proposed new use shall be confined to the same
structure, building and land;
B.
The proposed new use will be substantially more in
keeping with the comprehensive zoning plan of land use and development
and the character of the neighborhood than the former nonconforming
use; and
C.
The proposed new use will tend to facilitate the later
conversion of the structure to a more conforming use.
No lawfully nonconforming building, structure
or use, if changed in whole or in part to a building, structure or
use that conforms to or is in greater conformity with the provisions
of this chapter, shall be changed back to a former lawfully nonconforming
building, structure or use.
A.
Any lawfully nonconforming use of any land, building
or structure that has ceased for a continuous period of six months
or longer shall be deemed to be abandoned and shall not be resumed.
If any nonconforming use partially ceases for a continuous period
of six months or longer, the portion of the nonconforming use that
has thus ceased shall be deemed to be abandoned and shall not be resumed.
B.
If any lawfully nonconforming lot, structure or building
shall cease to be nonconforming, in whole or in part, for a continuous
period of six months or longer, then the portion of the nonconformity
that has ceased shall be deemed to be abandoned and shall not be resumed.
C.
A lawfully nonconforming sign of any type, once removed,
shall only be replaced by a conforming sign.
A.
A single-family dwelling in any district or a two-family
dwelling in a 2R District, which dwelling is situated on a lot having
an area of less than 7,500 square feet or a width at front of building
of less than 50 feet, and not conforming to this chapter with respect
to required yards, if accidentally damaged from whatever cause to
whatever extent, may be rebuilt or restored on its original foundations.
[Amended 5-20-1997 by L.L. No. 3-1997]
B.
A single-family dwelling not falling within the category specified in Subsection A above and not conforming to this chapter with respect to required yards, if accidentally damaged from whatever cause to the extent of not more than 50% of its volume above the foundations, as determined and certified by the Building Inspector, may be restored on its original foundations. If such a dwelling is damaged to more than 50% of such volume, it may be rebuilt or restored to provide an equivalent livable area but shall conform to the side yard requirements herein set forth and shall not be nearer to the street than the average distance of the dwellings on the lots adjacent thereto on each side or, if there be none adjacent, the average distance of the two nearest dwellings on the same side of the street; in no event shall the dwelling have a front yard with a depth that is less than that specified by Article IX of this chapter for a front yard in the district in which the lot is located.
C.
In the event of the accidental destruction or damage,
from whatever cause, of a single building, the first floor of which
prior thereto was used primarily for the sale of goods at retail or
the performance of customary personal services, or a combination thereof,
whether such use was a conforming use or a lawful nonconforming use,
may be restored upon the original site for the continuance of the
use, subject to the following provisions:
(1)
If the damage to the building was less than 50% of
the volume above the foundations, as determined and certified by the
Building Inspector, the building may be restored upon those foundations
to its original dimensions.
(2)
If the damage to the building was more than 50% of
its volume above the foundations, as determined and certified by the
Building Inspector, the building may be rebuilt, subject to the approval
of the Board of Appeals, upon the same lot in such manner as to provide
floor area for merchandising or personal services equivalent to that
existing prior to the damage, and subject to the addition of such
number of off-street parking spaces as the Board of Appeals may determine
can at reasonable cost be developed upon the lot by means of access
directly from the street on which the property fronts or by access
from a side street or by easement over the property of another. In
approving the permit to rebuild, the Board of Appeals may impose such
conditions as, in its judgment, are necessary in the public interest,
having due regard to the circumstances in the particular case.
D.
Any other building or structure not falling within the provisions of Subsections A through C of this section, if damaged to the extent of not more than 50% of its volume above the foundations, as determined and certified by the Building Inspector, whether such use was a conforming use or a lawful nonconforming use, may be restored upon the original site to its former use and dimensions, but, if damaged to the extent of more than 50% of its volume, as determined and certified by the Building Inspector, may be restored to its original use and to an equivalent usable building area in accordance with the applicable provisions of Subsection C of this section.
Application pursuant to § 295-60 for a building permit to rebuild or restore any damaged or destroyed building shall be filed within six months of the day of such damage and shall be accompanied by plans for reconstruction, which plans shall comply in all respects with the requirements of this chapter for the district in which the building is located, except as specified in § 295-60.
Any building permit issued for rebuilding or restoration pursuant to §§ 295-60 and 295-61 shall lapse 12 months after its issuance unless the rebuilding or restoration has been substantially completed in accordance therewith and the Building Inspector, in his or her discretion, has granted an extension of the permit. All rebuilding and reconstruction shall be completed, and the nonconformity resumed, within 18 months after the day of damage or destruction; otherwise, the nonconformity, to the extent not resumed, shall be deemed to be abandoned and shall thenceforth not be resumed.
A.
The following uses, if located in a residence district
and lawfully nonconforming with this chapter, shall, within three
years after the effective date of this chapter, either terminate or
be changed to a use that conforms to this chapter:
(1)
Any use involving only the land and not accessory
to a building or structure located on the same lot assessed as a real
estate improvement.
(2)
Any use involving improvements of a fair market value
of $1,000 or less.
(3)
Any junkyard or industrial or commercial storage yard,
whether operating in conjunction with a structure or not.
B.
The following buildings or structures, if located
in a residence district and lawfully nonconforming with this chapter,
shall, within three years after the effective date of this chapter,
either be removed or changed to conform to this chapter:
A building permit may be issued for the erection
of a building for a permitted use on a lot for which a valid conveyance
was recorded before the effective date of this chapter, notwithstanding
that the area or dimensions of the lot are less than that required
for the district in which it lies, provided that:
A.
The lot met the zoning requirements existing at the
time the deed to the lot was recorded;
B.
All required yards and other requirements in effect
at the time of the obtaining of the building permit are complied with;
and
C.
At no time since the effective date of this chapter
has the owner of the lot owned any contiguous lot. If at any time
since the effective date of this chapter the owner of the lot has
owned any contiguous lot, then that other lot, or so much thereof
as may be necessary, shall be combined with the lot for which the
permit is sought to make one or more conforming lots, whereupon a
building permit may be issued, but only for such combined lots.
Should the required area or dimensions of lots be changed by future amendment of this chapter, any conforming lot existing on the effective date of that amendment and made nonconforming by the amendment may be built upon, subject to the limitations contained in § 295-64.
