Notwithstanding limitations imposed
by other provisions of this chapter, a single-family dwelling and
customary accessory buildings may be erected on any single lot of
record of this chapter, or amendment thereto, except in the RHC, I,
and RP Districts. This provision shall apply even though such lot
fails to meet the requirements for area or width, or both, that are
generally applicable in the zone, provided that yard dimensions shall
conform to the following requirements:
A. Side yard setback. The minimum side yard
setback shall be established by the principal structure extant or
that previously existed on the nonconforming lot or parcel. A survey
or other approved documentation shall be provided to make the determination
of existing setbacks.
[Amended 5-4-2017 by Ord. No. 685, effective 5-11-2017]
B. The rear yard need not exceed 20% of the
depth of the lot, but in no case shall be less than 10 feet.
C. The front yard (setback) need not exceed
that established by buildings on lots in the block in which the nonconforming
lot is located.
D. The setbacks of vacant nonconforming lots
of records shall be established in accordance with the provisions
of Appendixes IV and V, 128 Attachments 4 and 5.
[Added 5-4-2017 by Ord. No. 685, effective 5-11-2017]
Where, at the effective date of adoption
or amendment of this chapter, lawful use of land exists that is made
no longer permissible under the terms of this chapter as enacted or
amended, such use may be continued, so long as it remains otherwise
lawful, subject to the following provisions:
A. No such nonconforming use shall be enlarged
or increased, nor extended to occupy a greater area of land than was
occupied at the effective date of adoption or amendment of this chapter.
B. No such nonconforming use shall be moved
in whole or in part to any other portion of the lot or parcel occupied
by such use at the effective date of adoption or amendment of this
chapter.
C. If any such nonconforming use of land ceases
for any reason for a period of more than 90 days, any subsequent use
of such land shall conform to the regulations specified by this chapter
for the zone in which such land is located.
[Amended 5-4-2023 by Ord. No. 742, effective
5-14-2023
Where a lawful structure exists at
the effective date of adoption or amendment of this chapter that could
not be built under the terms of this chapter by reason of restrictions
on area lot coverage, height, yards, or other characteristics of the
structure or its location on the lot, such structure may be continued
so long as it remains otherwise lawful, subject to the following provisions:
A. Structures with a nonconforming setback
may be expanded, replaced, or moved along a line parallel to the existing
nonconformity, provided all other applicable zoning, building, and
fire codes are met. This expansion, movement, or replacement is allowed
in front, rear, and side yards.
If a lawful use of a structure or
of structures and premises in combination exists at the effective
date of adoption or amendment of this chapter, that would not be allowed
in the zone under the terms of this chapter, the lawful use may be
continued so long as it remains otherwise lawful, subject to the following
provisions:
A. No existing structure devoted to a use
not permitted by this chapter in the zone in which it is located,
except single-family dwellings, shall be expanded, enlarged, extended,
constructed, reconstructed, moved, or structurally altered unless
approved by the Board of Appeals and shall be subject to the following
restrictions and criteria:
(1)
Applications shall be subject to the procedures, requirements, and findings for a special exception from the Board of Appeals as set forth in §
128-163, except that with respect to the required finding that the proposed use be in accord with the Town's Comprehensive Plan, the Board of Appeals need not consider a conflict with any maps indicating zoning or use of the property.
(2)
Expansion or construction of a new
structure used or to be used for a nonconforming use or uses shall
be limited to no more than 20% of the gross floor area of the nonconforming
use existing on the date the use became nonconforming, or 1,000 square
feet of additional gross floor area, whichever is less.
(3)
Expansion of areas of a nonconforming
use not involving structures, such as outdoor parking and storage,
shall be limited to no more than 10% of the site area existing on
the date the use became nonconforming.
B. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for use at the time of adoption or amendment of this chapter, but any additional expansion of the nonconforming use shall comply with Subsection
A above.
C. Any nonconforming use of a structure, or
structure and premises, may be changed to another nonconforming use,
provided that the Board of Appeals, either by general rule or by making
findings in the specific case, shall find that the proposed use is
equally appropriate or more appropriate to the zone than the existing
nonconforming use. In permitting such change, the Board of Appeals
may require appropriate conditions and safeguards in accord with the
provisions of this chapter.
D. Any structure, or structure and land in
combination, in which a nonconforming use is superseded by a permitted
use shall thereafter conform to the regulations for the zone in which
such structure is located, and the nonconforming use may not thereafter
be resumed.
E. Except as provided herein, when a nonconforming
use of a structure or structure and premises in combination is discontinued
or abandoned for 12 consecutive months or for 18 months during any
three-year period, the structure, or structure and premises in combination,
shall not thereafter be used except in conformance with the regulations
of the zone in which it is located. The Board of Appeals may grant
a special exception to allow for the continuance of a nonconforming
use that has been discontinued or abandoned so long as the application
for such special exception (1) is filed prior to the nonconforming
use's lapsing under the terms of this subsection; or (2) is filed
to allow the resumption of the multifamily use of a residential structure
that does not require structural or interior alterations and that
otherwise demonstrably retains its character as a multifamily structure.
In considering an application for a special exception under this section,
the Board may consider the cost to bring the structure into compliance
with the regulations of the zone and the presence of similar nonconforming
uses in the vicinity of the structure.
[Amended 12-11-2014 by Ord. No. 663]
F. Where nonconforming use/status applies
to a structure and premises in combination, removal or destruction
of the structure, not related to fire or natural cause, shall eliminate
the nonconforming status of the land. A nonconforming use that is
destroyed by fire or natural cause may be restored or reconstructed
at the same location, provided that:
(1)
Restoration must be started within
one year of the destruction and completed in accordance with the building
permit.
(2)
The Director of Planning may grant
a single extension of this time limit, for a period not to exceed
one year, only to the same property owner or his or her heirs.
(3)
The restored use shall not increase
the extent of the nonconformity.
(4)
A restored or rebuilt structure that
is to be occupied by the nonconforming use must be an in-kind replacement
of the destroyed structure.
(5)
If the use is not replaced or restored
within the required time period, any future use on the site shall
comply with the current zoning requirements.
Any use for which a special exception
is permitted as provided in this chapter shall not be deemed a nonconforming
use, but shall without further action be deemed a conforming use in
such zone.