Any lawful nonconforming use which existed at
the time of the passage of this chapter may be continued, and any
existing building designed, arranged, intended or devoted to a nonconforming
use may be reconstructed or structurally altered, subject to the following
regulations:
A. The structural alterations made in such buildings
shall in no case exceed 20% of the true value of the buildings, nor
shall the building be enlarged, unless the use therein is changed
to a conforming use; provided, however, that where a building meets
the use requirements of this chapter and is nonconforming because
of height and area regulations, structural alterations may be made
in such buildings, provided that the height and area regulations are
not further violated.
B. A nonconforming use changed to a conforming use may
not be changed back to a nonconforming use.
C. In the event that there is a cessation of operation
of any nonconforming use, structure, land or sign for a period of
12 consecutive calendar months, the same shall be presumed to be an
abandonment of such nonconforming use. Any subsequent exercise of
such abandoned nonconforming use shall be deemed a violation of the
terms of this chapter.
D. Nothing in this chapter shall require any change in
plans, construction or designated use of a structure for which a building
permit has been heretofore issued when construction has been diligently
prosecuted within six months of the date of such permit.
E. Nothing in this chapter shall be interpreted as authorization
for or approval of the continuance of the use of a structure or premises
in violation of zoning regulations in effect at the time of the effective
date of this chapter.
F. No lot containing a nonconforming use shall be reduced
in size.
[Amended 4-18-1992 by Amendment 7]
G. An owner of two or more contiguous lots which were
nonconforming under the prior Land Use or Zoning Ordinance shall be
required to combine such lots.
[Added 4-18-1992 by Amendment 7]
[Added 12-12-2012 by Ord. No. 2012-11-26]
A. Where an existing lot, conforming to zoning on the effective date
of this section, has been made nonconforming as a result of an amendment
to this chapter, including lots rezoned under Ordinance No. 2012-11-26,
a new dwelling unit or addition(s) to existing dwelling units or accessory
buildings may be constructed on such lot, according to the following
requirements:
(1)
Any developed residential lot existing as a conforming lot at
the effective date of adoption or amendment to this chapter (December
12, 2012), may have a building permit issued for an addition to principal
dwelling or an accessory structure, provided that the yard requirements
are reduced by the same percentage that the lot area bears to the
zone requirements, except that no front, rear or side yard setback
shall be reduced to less than 50% of the zone requirement for a principal
building, no accessory building shall be located in the front yard
and no accessory building side yard setback shall be less than 12
feet.
(2)
Any vacant lot existing as a conforming lot at the effective
date of adoption or amendment of this chapter may have a building
permit issued, provided that the yard requirements are reduced by
the same percentage that the lot area bears to the zone district requirements,
and except further that no yard shall be reduced to less than 50%
of the zone requirement, and except that no side yard shall be reduced
to less than 35 feet and no rear yard shall be reduced to less than
50 feet.