A.
The lawful nonconforming use of a structure or land,
including but not limited to fences, parking and zoning setbacks existing
at the time of the adoption or amendment of this chapter may be continued
although the use does not conform with the provisions of this chapter.
An owner of an existing nonconforming structure will be allowed to
extend, enlarge, reconstruct, move or structurally alter the building,
so long as the new construction does not increase the extent of the
nonconformity of the structure in any respect and does not create
any new nonconformity. The owner of a nonconforming structure shall
submit site and elevation plans to the Architectural Review Board
for approval, along with a land survey in cases where the lot lines
are questionable (to be determined by the City).
B.
If no structural alterations are made, a nonconforming
use of a building may be changed to any use permitted in the same
use district as that in which the use existing is permitted according
to the provisions of this chapter, provided that when a use district
is changed, any existing, nonconforming use in such changed district
may be continued or changed to a use permitted in the same use district
as that in which the existing use is permitted, provided that all
other regulations governing the new use are complied with.
C.
Substitution of new equipment may be permitted by
the Zoning Board of Appeals if such equipment will not increase the
incompatibility of the nonconforming use with the neighboring uses.
A.
Termination. If such nonconforming use is discontinued
or terminated for a period of 12 months, any future use of the structure
or land shall conform to the provisions of this chapter.
B.
Building destroyed by fire. Where a building located
in a district restricted against its use has been destroyed by fire
or other calamity to the extent of not more than 50% of its fair market
value, the same may be rebuilt; but where such a building is destroyed
to the extent of more than 50% of its fair market value, a permit
may be granted for its reconstruction within 12 months from the date
of such fire or other calamity, except any public utility located
in a restricted district shall be permitted to rebuild, alter or enlarge
in any business district as the interest of the public demands.[1]
The lawful nonconforming structure existing
at the time of the adoption or amendment of this chapter may be continued
although its size or location does not conform with the lot width,
lot area, yard, height, parking and loading, and access provisions
of this chapter. An owner of an existing nonconforming structure will
be allowed to extend, enlarge, reconstruct, move or structurally alter
the building, so long as the new construction does not increase the
extent of the nonconformity of the structure in any respect and does
not create any new nonconformity. The owner of a nonconforming structure
shall submit site and elevation plans to the Architectural Review
Board for approval, along with a land survey in cases where the lot
lines are questionable (to be determined by the City).
Once a nonconforming use or structure has been
changed to conform, it shall not revert back to a nonconforming use
or structure. Once the Zoning Board of Appeals has permitted the substitution
of a more restrictive nonconforming use for an existing nonconforming
use, the substituted use shall lose its status as a legal nonconforming
use and become subject to all the conditions required by the Zoning
Board of Appeals.
A.
In a Residential District, a one-family detached dwelling
and its accessory structures may be erected on any legal lot or parcel
of record in the County Register of Deeds office before December 31,
1979.
B.
Such lot or parcel shall be in separate ownership
from abutting lands. If abutting lands and the substandard lot are
owned by the same owner, the substandard lot shall not be sold or
used without full compliance with the provisions of this chapter.
If in separate ownership, all the district requirements shall be complied
with insofar as practical, but shall not be less than the following:
C.
Side: minimum 16% of the frontage, but not less than
five feet (six feet, four inches for forty-foot lots).
