Except as otherwise provided in this chapter, the lawful use
of the land or a building existing at the date of the adoption of
this chapter may be continued 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:
B.
It shall be prima facie evidence that a nonconforming use has been
abandoned when there occurs a cessation of such use on the part of
a tenant or owner for a continuous period of at least one year.
C.
When a nonconforming use has been abandoned, such use shall not thereafter
be reinstated and any structure shall not thereafter be reoccupied,
except in conformance with this chapter.
[Amended 6-17-2013 by Ord. No. 2013-3089]
If any nonconforming structure is more than partially destroyed
by fire, flood, earthquake, wind or other natural occurrence, then
said structure can only be rebuilt in conformance with this chapter,
except as follows:
A.
Alterations, as applied to a nonconforming structure, shall only
include a change or rearrangement in the structural supports or a
change in the exterior appearance of a structure.
B.
A nonconforming structure may not be enlarged, extended, increased
in height, width or depth; moved or relocated; or modified in such
a way so as to increase habitable or usable space, number of dwelling
units or number of bedrooms, unless such structure is changed to a
structure 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 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 the adoption
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 provisions of this chapter shall also apply to
any nonconforming uses existing therein or created thereby.
A.
An existing detached single-family dwelling which is either a nonconforming use or structure may be enlarged or a detached accessory structure may be constructed or enlarged, provided that such enlargement or detached accessory structure conforms with all minimum yard area regulations except as modified below by § 540-708B and C, and provided that the resulting principal structure and detached accessory structures conform with the maximum coverage regulations of the zone district.
B.
The maximum percent of lot coverage for a detached single-family
dwelling which is either a nonconforming use or structure may be increased,
provided the resultant lot coverage complies with the coverage limits
in the most restrictive single-family residence zone to which the
area of the undersized lot conforms. In no case shall coverage exceed
35%.
C.
An existing detached single-family dwelling or detached accessory structure which is either a nonconforming use or structure may be enlarged, provided that such enlargement does not decrease the distance between the structure and the property line contiguous to the nonconforming yard area nor extend the structure into a yard area which is now conforming, except as stipulated within § 540-708F. In no case shall this exception apply to an enlargement within a nonconforming yard area previously authorized by variance. However, in the case of alterations to a nonconforming structure where more than 25% of the area of the perimeter wall are either demolished or to be removed, such activity shall constitute more than a permitted modification, and any structure resulting therefrom shall comply with all applicable zoning requirements.
[Amended 10-19-1998 by Ord. No. 98-2529; 6-19-2006 by Ord. No. 2006-2879; 11-16-2015 by Ord. No. 2015-3154]
D.
A variance shall not be required for the construction of any building
on an undersized lot as long as such structure can be built in conformance
with all setback, lot coverage, and floor area ratio standards required
by the zone district in question.
E.
The maximum percent of building coverage and lot coverage for a detached
single-family dwelling on a nonconforming lot may be increased, provided
the resultant building coverage and lot coverage complies with the
coverage limits in the most restrictive single-family residence zone
to which the area of the nonconforming lot conforms. In no case shall
building coverage exceed 35% or lot coverage exceed 40%.
[Amended 6-17-2013 by Ord. No. 2013-3089]
F.
A variance
shall not be required for the construction of a roof over any open
structures such as steps, platforms, and paved terraces or landing
places which do not extend above the first floor level of the building
for a distance not exceeding eight feet into the required front yard.
Such roofed structures shall not be enclosed into a living space or
balconies erected above it. Porch enclosures shall be limited to traditional
porch elements, such as railings, columns, etc., required by the building
code.[1]
[Added 11-16-2015 by Ord.
No. 2015-3154]
Uses of land or structures in a flood hazard area which lawfully
existed on or before the effective date of this chapter shall be permitted
to remain, subject to the following conditions:
A.
Routine maintenance and repair of preexisting structures as permitted
and do not require a floodplain encroachment permit.
B.
No preexisting structure or use defined as a regulated use in a floodplain
shall be expanded or enlarged unless a floodplain encroachment permit
has been applied for and received.
C.
If a preexisting structure is damaged by any means, including floods,
to the extent that the cost of reconstruction or repair exceeds 50%
of the reproduction cost, such structure shall not be reconstructed
unless a floodplain encroachment permit has been applied for and received.
D.
If a structure is substantially and lawfully under construction on
or before the effective date of the regulations, then such structure
may be completed without a floodplain encroachment permit.
E.
No preexisting use shall be changed or modified so as to increase
its flood damage potential, unless a floodplain encroachment permit
has been applied for and received.
F.
Routine maintenance and repair of a structure for which a floodplain
encroachment permit has been granted is permitted and shall not require
additional floodplain encroachment permits. Maintenance and repair
shall comply with the terms of the original permit.
G.
If a structure, for which a floodplain encroachment permit has been
granted, is destroyed, such structure shall not be reconstructed unless
a new floodplain encroachment permit has been applied for and received.
