Except as otherwise provided in this article,
the lawful use of land or buildings existing at the date of the adoption
of this chapter may be continuous, although such use or building does
not conform to the regulations specified by this chapter for the zone
in which such land or building is located; provided, however, that:
A.
No nonconforming lot shall be further reduced in size.
B.
No nonconforming building shall be enlarged, extended
or increased.
[Amended 12-8-1982 by Ord. No. 71-1982; 7-14-2004 by Ord. No. 38-2004]
C.
Nonconforming improved lot. When an improved residential lot in a
residential zone or a residential home in the NB Zoning District exists
as a separate isolated lot under separate ownership and does not adjoin
any vacant land or vacant lot of the same owner, and which said improved
lot is nonconforming due to lot area, lot width or building setback,
any existing residential building or structure on the lot may be further
improved, provided that:
[Amended 12-21-2011 by Ord. No. 38-2011; 6-23-2021 by Ord. No. 25-2021]
(1)
The number of dwelling units shall not be increased even if such
increased number of dwelling units are allowed in a zone, unless approved
by the Board of Adjustment.
(2)
Any existing nonconforming setbacks from streets, side lot lines
or rear lot lines shall not be made more nonconforming, including
any vertical addition of any type.
(3)
Any existing and proposed improvement on the nonconforming improved
lot shall not exceed the percentage of maximum impervious coverage
set forth in the Schedule of Minimum Area, Yard and Building Requirements.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(4)
Any existing and proposed improvement on the nonconforming improved
lot shall conform to all other zone standards, including off-street
parking.
D.
No nonconforming lot shall be made more nonconforming through subdivision,
resubdivision or any such other action. Where two or more contiguous,
nonconforming lots are in common ownership, these lots shall be considered
combined for the purposes of meeting the requirements of this chapter.
Such combined lots shall not be subdivided or resubdivided except
in conformance with this chapter.
[Added 12-21-2011 by Ord. No. 38-2011]
A nonconforming use shall be adjudged as abandoned
when there occurs a cessation of any such use or activity by an apparent
act or failure to act on the part of the tenant or owner to reinstate
such use within a period of one year from the date of cessation or
discontinuance. Such use shall not thereafter be reinstated, and the
structure shall not be reoccupied, except in conformance with this
chapter.
[Amended 12-8-1982 by Ord. No. 71-1982]
If any nonconforming building shall be destroyed
by reason of windstorm, fire, explosion or other act of God or the
public enemy, then such destruction shall be deemed complete destruction,
and the structure may not be rebuilt, restored or repaired except
in conformity with the regulations of this chapter. Nothing in this
chapter shall prevent the strengthening or restoring to a safe condition
any wall, floor or roof which has been declared unsafe by the Zoning
Officer.
No nonconforming use shall, if once changed
into a conforming use, be changed back again into a nonconforming
use.
A nonconforming building may be altered but
not enlarged or extended during its life to an extent not exceeding
in aggregate 50% of the recorded true value, as appraised in the records
of the Tax Assessor, of the building unless said building is changed
to a building conforming to the requirements of this chapter.
Nothing herein contained shall require any change
in plans, construction or designated use of a building for which a
building permit has been heretofore issued and the construction of
which shall have been diligently prosecuted within three months of
the date of such permit, and the ground story framework of which,
including the second tier of beams, shall have been completed within
six months of the date of the permit, and which entire building shall
be completed according to such plans as filed within one year from
the date of this chapter.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
district of a different classification, the foregoing provisions shall
also supply to any nonconforming uses existing therein or created
thereby.
