A.
Any lawfully established use of a building or land, on the effective
date of this chapter, or of amendments hereto, that does not conform
to the use regulations for the district in which it is located shall
be deemed to be a legal nonconforming use and may be continued, except
as otherwise provided herein.
B.
Any legal nonconforming building or structure may be continued in
use, provided there is no physical change other than necessary maintenance
and repair, except as otherwise permitted herein.
C.
Prior approval of buildings, structures, planned developments or
subdivisions.
[Amended 7-10-1973]
(1)
Any building or other structure for which a permit has been lawfully
granted prior to the effective date of this chapter, or of amendments
thereto, may be completed in accordance with the approved plans, provided
construction is started within 90 days and diligently prosecuted to
completion. Such building or other structure shall thereafter be deemed
a lawfully established building.
(2)
Any planned development or subdivision which has been approved prior
to the effective date of this chapter, or of amendments thereto, may
be completed in accordance with the approved plans, provided actual
construction is started within one year and diligently prosecuted
to completion. Such planned development or subdivision shall thereafter
be deemed lawfully established.
A.
Whenever any part of a building, structure or land occupied by a
nonconforming use is changed to or replaced by a use conforming to
the provisions of this chapter, such premises shall not thereafter
be used or occupied by a nonconforming use, even though the building
may have been originally designed and constructed for the prior nonconforming
use.
B.
Whenever a nonconforming use of a building or structure or part thereof
has been discontinued for a period of one year, or whenever a clear
intent on the part of the owner to abandon a nonconforming use is
evident, such use shall not be reestablished after being discontinued
or abandoned, and the use of the premises thereafter shall be in conformance
with the regulations of the district, except whenever a nonconforming
use dependent on seasonal trade has been discontinued for a period
of one year, such use shall not thereafter be established and any
future use shall be in conformity with the provisions of this chapter.
C.
Where no enclosed building is involved, discontinuance of a nonconforming
use for a period of six months shall constitute abandonment, and the
premises shall not thereafter be used in a nonconforming manner.
The provisions of §§ 400-24 and 400-25 shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of zones under this chapter or any subsequent change in the regulations of this chapter, and any time periods specified for discontinuance of nonconforming uses shall be measured from the date of such reclassification or change.
The period of time during which the following nonconforming
uses of buildings, structures or land may continue or remain in residential
districts shall be limited to two years from the effective date of
the ordinance or of any amendment thereto which causes the use to
be nonconforming. Every such nonconforming use shall be completely
removed from the premises at the expiration of the two-year period.
A.
Any nonconforming use of a building or structure having an assessed
valuation not in excess of $500 on the effective date of the ordinance.
B.
All nonconforming signs, billboards and outdoor advertising structures.
C.
Any nonconforming use of land where no enclosed building is involved,
or where the only buildings employed are accessory or incidental to
such use, or where such use is maintained in connection with a conforming
building.
A.
Normal maintenance of a building or other structure containing a
nonconforming use is permitted, including necessary nonstructural
repairs and incidental alterations which do not extend or intensify
the nonconforming use.
B.
No structural alteration shall be made in a building or other structure
containing a nonconforming use, except in the following situations:
(1)
When the alteration is required by law.
(2)
When the alteration will actually result in eliminating the nonconforming
use.
(3)
When a building in a residential district containing residential
nonconforming uses may be altered in any way to improve the livability,
provided no structural alteration shall be made which would increase
the number of dwelling units or the bulk of the building.
[Amended 12-15-1998 by Ord. No. 98-10-236; 11-12-2002 by Ord. No.
02-21-269]
A.
If a building or other structure containing a nonconforming use is
damaged or destroyed by any means to the extent of 50% or more of
its replacement value at that time, the building or other structure
can be rebuilt or used thereafter only for a conforming use and in
compliance with the provisions of the district in which it is located.
In the event the damage or destruction is less than 50% of its replacement
value, based on prevailing costs, the building may then be restored
to its original condition and the occupancy or use of such building
which existed at the time of such partial destruction may continue.
B.
A nonconforming residential use within a Business (B-1, B-2, B-3), Limited Manufacturing (M-1) or Agricultural (A-1, A-2) District shall be exempt from the provisions of the above subsection, with the exception of any nonconforming residential use located within a special flood hazard area as defined in Article XV of this chapter.
C.
In either event, restoration or repair of the building or other structure
must be started within a period of six months from the date of damage
or destruction, and diligently prosecuted to completion.
A.
A nonconforming building may be enlarged or extended only if the
entire building is thereafter devoted to a conforming use and is made
to conform to all the regulations of the district in which it is located.
B.
No building partially occupied by a nonconforming use shall be altered
in such a way as to permit the enlargement or expansion of the space
occupied by such nonconforming use.
C.
No nonconforming use may be enlarged or extended in such a way as
to occupy any required usable open space, or any land beyond the boundaries
of the zoning lot as it existed on the effective date of this chapter,
or to displace any conforming uses in the same building or on the
same parcel.
[Added 7-11-2007 by Ord. No. 07-07-1462]
Whenever a lawfully existing building or other structure otherwise conforms to the use regulations of this chapter, but is nonconforming only in the particular manner hereinafter specified, the building and use thereof shall be exempt from the requirements of §§ 400-27 and 400-28 of this article:
A.
In any residence district, where a dwelling is nonconforming only
as to the number of dwelling units it contains, provided that no such
building shall be altered in any way so as to increase the number
of dwelling units therein.
B.
In any district, where an established building, structure or other
use is nonconforming with respect to the standards prescribed in this
chapter for any of the following:
C.
In any district, where an established building or structure is nonconforming
with respect to the front, side or rear yards, said building or structure
may be replaced if such building or structure maintains the same footprint
as the former structure, provided a letter from the governing road
authority is produced at the time of permitting, stating that the
governing road authority has no objection to placement of the building
or structure.[1]
Any nonconforming use may be made a conditional use, when such
conditional use is permitted in the district in which it is located,
by the granting of a conditional use permit, and without holding a
public hearing.
