[Ord. 96-267, 5/2/1996; as amended by Ord. 97-284, 11/6/1997,
§ 38]
1. If, within the zoning districts established by this chapter or due
to amendments that may later be adopted, there exist lots, structures
or uses of lots which were lawful before this chapter was passed or
amended but which would be prohibited, regulated or restricted under
the terms of this chapter or future amendments, it is the intent of
this chapter to permit those nonconformities. Such uses are declared
by this chapter to be incompatible with authorized uses in the zoning
districts involved. It is further the intent of this chapter that
nonconformities shall not be enlarged upon, expanded or extended nor
be used as grounds for adding other signs, structures or uses prohibited
elsewhere in the same zoning district.
2. To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction or designated use of
any structure on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this chapter and
upon which actual construction has been diligently commenced. "Actual
construction" is hereby defined to include the placing of construction
materials in permanent position and fastened in a permanent manner,
except that where demolition or removal of an existing structure has
substantially begun preparatory to rebuilding, such demolition or
removal shall be deemed to be actual construction, provided that work
shall be diligently carried on until completion of the structure involved.
[Ord. 96-267, 5/2/1996; as amended by Ord. 98-288, 3/26/1998,
§ 12]
Where, at the effective date of adoption or amendment of this
chapter, a lawful use of a lot exists that is made no longer permissible
under the terms of this chapter as enacted or amended, such use may
be continued as long as it remains otherwise lawful, subject to the
following provisions:
A. No such nonconforming use shall be enlarged or increased or extended
to occupy a greater lot area than was occupied at the effective date
of adoption or amendment of this chapter, unless the Board shall interpret
that the enlargement or extension is necessary by the natural expansion
and growth of trade of the nonconforming use.
B. No such nonconforming use shall be moved in whole or in part to any
other portion of the lot not occupied by such use at the effective
date of adoption or amendment of this chapter.
C. If any such nonconforming use of a lot ceases for any reason for
a period of more than 12 consecutive months, it shall be presumed
that the nonconforming use has been abandoned, and any subsequent
use of such lot shall conform to the regulations specified by this
chapter for the zoning district in which such lot is located.
[Ord. 96-267, 5/2/1996]
Where a lawful structure exists at the effective date of adoption
or amendment of this chapter that could not be built under the requirements
of this chapter, such structure may be continued as long as it remains
otherwise lawful, subject to the following provisions:
A. No such structure may be enlarged or otherwise have any structural
alterations made to it in a way which increases its nonconformity,
except when the Board may determine undue hardship and may authorize
a reasonable modification of such structure.
B. Should such structure be destroyed by any means, repairs or reconstruction
may be undertaken, provided that such restoration is started within
12 months of the date of damage.
C. Should such structure be moved for any reason for any distance whatever,
it shall thereafter conform to the requirements of the zoning district
in which it is located.
D. In addition to the requirements of Chapter
8, Floodplain Ordinance, structures existing in any identified floodplain area prior to the date of adoption of restrictions in the identified floodplain area, i.e., Ord. No. 124 on March 25, 1982, may continue, provided that no expansion or enlargement of any existing structure shall be allowed within any identified floodway zoning district that would cause any increase in flood heights.
[Amended by Ord. No. 2018-485, 11/1/2018]
[Ord. 96-267, 5/2/1996]
If a lawful use of a structure or of a structure and lot in
combination exists at the effective date of adoption or amendment
of this chapter that would not be allowed in the zoning district under
the terms of this chapter, the lawful use may be continued, subject
to the following provisions:
A. No existing structure devoted to a use not permitted by this chapter
in the zoning district in which it is located shall be enlarged, extended,
constructed, reconstructed, moved or otherwise have any structural
alterations made to it except in changing the use of the structure
to an authorized use in the zoning district in which it is located,
unless the Board shall interpret that the enlargement, extension,
construction, reconstruction or structural alteration is necessitated
by the natural expansion and growth of trade of the nonconforming
use.
B. Any nonconforming use may be extended throughout any part of a structure
which was manifestly arranged or designed for such use at the time
of adoption or amendment of this chapter, but no such use shall be
extended to occupy any lot or portion of a lot outside such structure,
except on a lot or portion of a lot owned at the time the use became
nonconforming.
C. Any structure or structure and lot in combination in or on which
a nonconforming use is superseded by an authorized use shall thereafter
conform to the regulations for the zoning district in which such structure
is located, and the nonconforming use may not thereafter be resumed.
D. When a nonconforming use of a structure or structure and lot in combination
ceases for a period of more than 12 consecutive months, it shall be
presumed that the nonconforming use has been abandoned, and any subsequent
use of such structure or structure and lot in combination shall conform
to the regulations specified by this chapter for the zoning district
in which such lot is located.
E. Where nonconforming status applies to both the use and the structure
on the lot, removal or destruction of the nonconforming structure
shall eliminate the nonconforming use on the lot.
F. Nonconforming signs may be repaired or reconstructed, provided that
no structural alterations are made which increase the sign area computed
in accordance with § 27-603.3 of this chapter.
G. Nonconforming signs may not be enlarged, added to, or replaced by
another nonconforming sign, use or structure, except that interchange
of poster panels shall be permitted.
[Ord. 96-267, 5/2/1996]
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any structure or part thereof
declared to be unsafe by any official charged with protecting the
safety of the populace.
[Ord. 96-267, 5/2/1996]
Any use for which a conditional use, use by special exception
or planned residential development is approved in accordance with
Parts 7, 8, or 9, of this chapter, shall not be deemed a nonconforming
use but shall, without further action, be deemed a conforming use
in such zoning district.
[Ord. 96-267, 5/2/1996; as amended by Ord.
No. 2010-403, 10/7/2010]
The provisions of this part shall not apply to any building
or structure which is designated by the Planning Advisory Commission,
with concurrence of the Supervisors, to be a historical landmark.