[Amended 3-21-2023 by Ord. No. A-561]
Where the districts established contain structures
and uses of land and structures that were lawful before this chapter
was passed or amended but that would now be prohibited, it is the
intent to permit these nonconformities to continue.
[Amended 3-21-2023 by Ord. No. A-561]
No nonconforming use of land shall continue
if it ceases for any reason (except where governmental action impedes
access to the premises) for a period of more than 12 consecutive months
or for 12 months during any three-year period. No nonconforming use
of land shall be moved in whole or in part to any portion of the lot
or parcel other than that occupied by such use on the effective date
of this chapter.
A.
Preexisting uses. No nonconforming use of a structure
may extend to any part of the structure which was not manifestly arranged
or designed for such use on the effective date of this chapter, and
no such use shall be extended to occupy any land outside the structure.
Moreover, such use or structure shall not be enlarged, extended, constructed,
reconstructed, moved or structurally altered except for a permitted
use.
B.
Forfeiture by nonuse. No nonconforming use of structure
shall continue if it is discontinued for 12 consecutive months.
C.
Repairs and maintenance. Improvements to nonconforming
structures occurring within a consecutive twelve-month period shall
not exceed 50% of the current assessed value. No improvements shall
increase the cubic content of the building as it existed on the effective
date of this chapter.
A.
Preexisting structures. A structure may be continued
so long as it remains otherwise lawful, subject to the provisions
of this section.
B.
Enlargement or alteration. No nonconforming structure
may be enlarged or altered in any way which increases its nonconformity
except as permitted by the Zoning Board of Appeals as provided in
this chapter.
(1)
Exception.
Upon presentation of substantial evidence illustrating practical difficulty,
Plan Commission may permit structural addition(s) to and replacement
of existing structures or buildings within the established building
setbacks, provided that such encroachment requires no greater than
that of the existing legal nonconforming encroachment.
[Added 3-21-2023 by Ord. No. A-561]
D.
Relocation. If a nonconforming structure is moved
for any reason for any distance whatever, it shall thereafter conform
to the regulations for the district in which it is located after it
is moved.
E.
Building safety. Nothing contained in this chapter
shall be deemed to prevent the strengthening or restoring to a safe
condition of any building or part thereof declared to be unsafe by
any official charged with protecting the public safety, upon order
of such official.
A.
Preexisting uses on nonconforming lots. Any existing
conforming use or conforming structure on a nonconforming lot existing
on the effective date of this chapter may be enlarged, extended, constructed,
or moved so long as such change does not increase the degree of nonconformity
and other requirements of this chapter are met, except that a multiunit
residential use may not be constructed, extended, or enlarged on a
nonconforming lot.
[Amended 3-21-2023 by Ord. No. A-561]
B.
Division of combined nonconforming lots. Any two or
more lots under the same ownership and with continuous frontage shall
not be used or sold in a manner which diminishes possible compliance
with this chapter.
Certificates of occupancy for nonconforming
uses, nonconforming structures, and nonconforming lots existing on
the effective date of this chapter may be issued by the Building Inspector,
provided that such certificates state that the use is a nonconforming
use and does not conform to the provisions of this chapter.
