[Ord. No. 224 §§1 —
2(22.01), 10-19-2005]
Within the districts established by this Chapter or by amendments
thereto, there exist buildings and structures and uses of parcels,
lots, buildings and structures which were lawful before this Chapter
was adopted or amended including legal non-conforming uses, buildings
and structures which would be prohibited, regulated or restricted.
It is the intent of this Chapter to permit these buildings and structures
and uses of parcels, lots, buildings and structures, herein referred
to as non-conformities, to continue until they are discontinued, damaged
or removed. These non-conformities are declared by this Chapter to
be incompatible with the buildings and structures and uses of parcels,
lots, buildings ordinance that such non-conformities shall not be
enlarged, expanded or extended except as provided herein nor to be
used as grounds for adding other buildings and structures and uses
of parcels, lots, buildings and structures prohibited elsewhere in
the same district.
[Ord. No. 224 §§1 —
2(22.02), 10-19-2005]
A.
Where,
on the date of adoption or amendment of this Chapter, a lawful use
of a parcel or lot (such use not involving any building or structure
or upon which parcel or lot a building or structure is accessory to
such principal use) exists that is no longer permissible under the
provisions of this Chapter, such principal use may be continued so
long as it remains otherwise lawful subject to the following provisions:
1.
Enlargement. No such non-conforming use of a parcel
or lot shall be enlarged, expanded or extended to occupy a greater
area of land or floor space than was occupied on the date of adoption
or amendment of this Chapter and no additional accessory use, building
or structure shall be established thereon.
2.
Relocation. No such non-conforming use of a parcel
or lot shall be removed in whole or in part to any other portion of
such parcel or lot not so occupied on the date of adoption of this
Chapter or to a parcel or lot not in conformance with this Chapter.
3.
Discontinuance. If such non-conforming use of a
parcel or lot ceases for any reason for a period of more than one
hundred eighty (180) consecutive days (except where government action
causes such cessation), the subsequent use of such parcel or lot shall
conform to the regulations and provisions set by this Chapter for
the district in which such parcel or lot is located.
4.
Exceptions. Historical buildings will be granted
leniency on a subject to review basis for certificate of appropriateness.
[Ord. No. 224 §§1 —
2(22.03), 10-19-2005]
A.
Where,
on the date of adoption or amendment of this Chapter, a lawful building
or structure exists that could not be built under the regulations
of this Chapter by reasons of restrictions upon lot area, lot width,
lot coverage, height, open spaces, off-street parking, loading spaces
and setbacks or other characteristics, such building or structure
may be continued so long as it remains otherwise lawful subject to
the following provisions.
1.
Enlargement. Such building or structure may be enlarged,
expanded, extended or altered only if the non-conformity is removed.
2.
Destruction. Should any such building or structure
be destroyed by any means to an extent of more than fifty percent
(50%) of its replacement cost at the time of destruction, it shall
not be reconstructed except in conformity with the provisions of this
Chapter.
3.
Relocation. Should any such building or structure
be moved for any reason for any distance, it shall thereafter conform
to the regulations of the district in which it is located after it
is moved.
[Ord. No. 224 §§1 —
2(22.04), 10-19-2005]
A.
Where,
on the date of adoption or amendment of this Chapter, a lawful use
of a building or structure exists that is no longer permissible under
the regulations of this Chapter, such use may be continued so long
as it remains otherwise lawful subject to the following provisions.
1.
Enlargement. No existing building or structure devoted
to a use not permitted by this Chapter in the district in which it
is located shall be enlarged, constructed, reconstructed, moved or
structurally extended or altered except in changing the use of such
building or structure to a use permitted in the district in which
such building or structure is located.
2.
Change in use not permitted. An existing non-conforming
land use or structure shall not cause further departures from the
zoning ordinance. Although an existing non-conforming use may be continued,
except as hereinafter limited, it may not be changed to another use,
except to a similar use or to a use permitted in the district in which
it is situated and provided it complies with the requirements of the
district.
3.
Discontinuance. When a non-conforming use of a building
or structure is discontinued or abandoned for more than one hundred
eighty (180) consecutive days (except where government action prevents
access to the premises), the building or structure shall not thereafter
be used except in conformance with the regulations of the district
in which it is located.
[Ord. No. 224 §§1 —
2(22.05), 10-19-2005]
Repairs and normal maintenance required to keep buildings in
a safe condition may be made to non-conforming buildings or structures,
provided that no alterations shall be made except those required by
law or ordinance, unless the building or structure is changed to be
conforming with this Chapter.
[Ord. No. 224 §§1 —
2(22.06), 10-19-2005]
There may be often a change of tenancy, ownership or management
of an existing non-conforming use, building or structure, provided
there is no change in the nature or character, extent or intensity
of such use, building or structure.
[Ord. No. 224 §§1 —
2(22.07), 10-19-2005]
To avoid undue hardships, nothing in this Chapter shall be deemed
to require a change in plans, construction or designated use of any
building on which actual construction was lawfully begun prior to
the effective date of adoption or amendment of this Chapter and upon
which actual building construction has been carried on diligently.
Nothing herein contained shall require any change in the plans or
designated use of a building for which a building permit has been
heretofore issued or plans or final subdivision plats which have been
approved by the Board at the time of the passage of this Chapter.
[Ord. No. 224 §§1 —
2(22.08), 10-19-2005]
Any use existing at the time of adoption of this Chapter and
which is permitted as a conditional use in a district under the terms
of this Chapter shall be deemed a conforming use in such district
and shall without further action be considered a conforming use.
[Ord. No. 224 §§1 —
2(22.09), 10-19-2005]
In any 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 or structures
may be erected on any single lot of record at the effective date of
adoption or amendment of this Chapter. Such lot must be in separate
ownership and one (1) of continuous frontage with other lots in the
same ownership as of the date of adoption of this Chapter. 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 district,
provided that yard dimensions and other requirements, not involving
area or width or both, of the lot shall conform to the regulations
for the district in which such lot is located. If two (2) or more
lots or combinations of lots and portions of lots with continuous
frontage in single ownership are of record at the time of passage
or amendment of this Chapter and if all or part of the lots do not
meet the requirements for lot width and area as established by this
Chapter, the lands involved shall be considered to be an undivided
parcel for the purpose of this Chapter and no portion of said parcel
or lot shall be used or sold which does not meet lot width and area
requirements established by this Chapter, nor shall any division of
the parcel or lot be made which leaves remaining any parcel or lot
with width or area below the requirements stated in the Chapter.
[Ord. No. 224 §§1 —
2(22.10), 10-19-2005]
In cases of doubt and on specific questions raised, whether
a non-conforming use exists shall be a question of fact and shall
be decided by the Board of Aldermen after notice, a public hearing
and receipt of a report and recommendation of the Planning and Zoning
Commission.
[Ord. No. 224 §§1 —
2(22.11), 10-19-2005]
A use in violation of a provision of the Chapter which this
repeals shall not be validated as non-conforming use by this Chapter.
[Ord. No. 224 §§1 —
2(22.12), 10-19-2005]
Where a non-conforming use exists and a conforming use is proposed,
the non-conforming use must cease upon initiation of the conforming
use.
