The Zoning Officer shall, upon adoption of this
chapter or amendment thereof, identify and register all nonconforming
uses and structures. Upon identifying the nonconformity, the Zoning
Officer shall mail registration forms to the owner of record. It shall
be the responsibility of such owner of record to complete said registration
form provided and return the same to the Zoning Officer within 30
days.
The lawful use of a building or structure or
the lawful use of any land as existing and lawful at the time of the
enactment of this chapter or, in the case of an amendment to this
chapter, then at the time of such amendment, may be continued except
as hereinafter provided although such use does not conform to the
provisions of this chapter or subsequent amendments.
[Amended 12-17-2003 by Ord. No. 1709]
Any lawful nonconforming structure, nonconforming
lot, or nonconforming use, or a portion thereof, may be expanded,
provided:
A. The proposed expansion shall take place only upon
the lot held in single and separate ownership as existed on the date
the use became nonconforming. The nonconforming use, lot or structure
shall be prohibited from encroaching upon another parcel of land subsequently
added to the original parcel.
B. If no structural alterations are proposed, the area
of such use shall be permitted by right so long as the expansion is
not greater than 25% of the area of the use as it existed on the date
it became nonconforming.
C. If structural alterations are required, said expansion
shall be permitted by right so long as the extent of the total expansion
does not exceed an additional 25% of the nonconforming floor area
or surface area of the use as it existed on the date it became nonconforming,
and only when the expansion complies with all other applicable provisions
of this section and the underlying zoning district.
D. Except as provided above, any and all expansion of
a nonconforming use or addition to a nonconforming structure, including
additional stories, shall conform to all height, area, width, yard
and coverage requirements for the district in which said use or structure
is located. A structure which is nonconforming in terms of height
shall not be extended to increase the height. A structure which is
nonconforming in terms of side yard can be expanded to the depth of
one nonconforming side yard so long as the other side yard related
to the expansion complies with the requirements for the district in
which the structure is located.
E. Permission to extend a nonconforming use as described
in this article shall not be construed to mean that a new use or uses
may be established.
F. Structures or land uses that have reached their maximum
expansion allowance under previous ordinances are not eligible for
additional expansions under the provisions of this chapter.
A nonconforming building or any building containing
a nonconforming use wholly or partially destroyed by fire, explosion,
flood or other phenomenon or legally condemned may be reconstructed
and used for the same nonconforming use, provided that reconstruction
of the building shall be commenced and shall be carried on without
interruption.
Whenever a lot is sold to a new owner, a previously
lawful nonconforming use may be continued by the new owner.
If a nonconforming use of a building or land
is abandoned for a continuous period of one year, subsequent use of
such building or land shall be in conformance with the provisions
of this chapter. For the purposes of this chapter, abandonment shall
commence when the nonconforming use ceases.