It is the intent of article to permit legal nonconforming lots,
structures or uses to continue until they are removed. Nonconforming
uses are not encouraged to survive.
In any zoning district in which single-family dwellings are
permitted, 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 at the effective
date of this chapter or any subsequent amendment. This provision shall
apply even though such lot fails to meet the requirements for area
and/or width that are generally applicable in the district, provided
that the yard dimensions and other requirements not involving area
and/or width of the lot shall conform to the regulations for the district
in which such lot is located. When an unimproved lot exists and a
work permit for improvement is requested, it must comply and conform
to the clearly prevailing setback, parking, signage and other exterior
patterns of the ordinances of the district.
In any zoning district in which nonconforming structures exist,
the nonconforming structure may conform its uses to comply with the
surrounding structures' uses. Nonconforming structures can be classified
as permitted uses after they have met the following criteria:
A. The nonconforming structure's proposed use shall be subject to all
regulations of the district in which it is located.
B. The nonconforming structures must provide adequate off-street parking.
C. The nonconforming structures must provide a reasonable egress and
ingress to limit or prevent the creation of hazardous traffic conditions
in the vicinity in which the nonconforming use is situated.
D. The nonconforming structure shall not impose hazardous health and
safety conditions within the district through emission of hazardous
waste materials, creation of loud noises, and other nuisances.
No land within any district will retain a nonconforming status
once a structure is demolished or transformed to meet the regulations
of the structures of the district. The land and usage of the land
shall no longer be nonconforming.
A nonconforming sign shall not be altered, enlarged or reconstructed
unless the reconstruction, alterations and enlargements comply with
the current regulations.
A. Repairs and maintenance. Normal maintenance of nonconforming signs
shall be permitted. Normal maintenance consists of painting of chipped
or faded signs, replacement of faded or damaged surface panels, or
repair or replacement of electrical wiring or electrical devices.
B. Nonconforming changeable copy signs. The sign face or message on
a nonconforming changeable copy sign or nonconforming bulletin board
sign may be changed, provided that the change does not create any
greater nonconformity.
C. Substitution. No nonconforming sign shall be replaced with another
nonconforming sign. However, the panel containing the message may
be replaced with a different message without affecting the legal nonconforming
status of a sign, provided that the sign structure or frame is not
altered.
Nonconforming status is established for any structure or land
usage when the structure and land usage does not comply with the regulations
of the zoning district. In order for a structure to be established
as a nonconforming structure it must have existed before the land
ordinances and/or amendments to the land ordinances were adopted.
A. Structural alteration. A nonconforming structure may be enlarged
or structurally altered, provided the enlargement or alteration does
not encroach any further into a required yard than the existing nonconforming
structure does, and further provided that no new nonconformities are
created.
[Amended 8-14-2019 by Ord. No. 983]
B. Damage or destruction. In the event a structure that is devoted in
whole or in part to a nonconforming use is damaged or destroyed by
any means to an extent that the replacement cost is more than 40%
of the insured value of the entire structure, exclusive of foundation,
it shall be reconstructed only in conformity with the regulations
for the district in which it is located. Moreover, no repairs or restoration
shall be permitted unless a building permit is obtained, and restoration
or repairs shall not be permitted unless a building permit is obtained
and restoration actually begun within 12 months of the date of such
partial destruction and is diligently pursued to completion.
C. Moving. Should a nonconforming use of land or structure be moved,
in whole or in part, for any reason for any distance, it shall thereafter
conform to the regulations for the district in which it is located
after being moved.
D. Change. A nonconforming use which is hereafter discontinued for any
reason and remains such for a continuous period of one year shall
not thereafter be reestablished. Such location shall thereafter be
occupied by a use which conforms to the regulations for the district
in which it is located. For the purpose of this chapter, "discontinuance"
shall be defined as the removal of inventory or equipment from the
premises, ceasing of all business activity and/or failure to renew
required licenses.
E. Nonconforming accessory use. A nonconforming accessory use shall
not continue to remain after the principal use to which it is an accessory
use has been destroyed, relocated, abandoned or discontinued.