As used in this article, the following terms shall have the
meanings indicated:
NONCONFORMING STRUCTURE OR LOT
A structure or lot that does not conform to a dimensional
regulation prescribed by this chapter for the district in which it
is located or to regulations for signs, off-street parking, off-street
loading or accessory buildings, but which structure or lot was in
existence at the effective date of this chapter and was lawful at
the time it was established.
NONCONFORMING USE
A use of a building or lot that does not conform to a use regulation prescribed by this chapter for the district in which it is located, but which was in existence at the time it was established and is duly registered under the provisions of §
450-73.
The lawful use or existence of a building or structure or the
lawful use of any parcel of land as existing and lawful at the time
of the enactment of this chapter or any amendment thereto may, except
as provided in this chapter, be continued, although such use does
not conform to the provisions of this chapter or subsequent amendments.
No structure damaged by fire or other causes to the extent of
more than 75% of its fair market value shall be repaired, reconstructed
or used, except in conformity with the regulations of this chapter.
Structures with damage to the extent of 75% or less of the fair market
value may be reconstructed, repaired or used for the same nonconforming
use subject to the following provisions:
A. The reconstructed structure shall not exceed the height, area or volume of the damaged structure, except as provided in §
450-67.
B. Reconstruction shall begin within one year from the date of the damage
and shall be carried on without interruption.
[Amended 1-4-1983 by Ord.
No. 83-1]
Whenever a nonconforming structure and/or a nonconforming individual
use has been discontinued for a period of one year, such structure
and/or nonconforming individual use shall have been considered abandoned.
Such structure and/or nonconforming individual use shall not thereafter
be reestablished, and any future use shall be in conformity with the
provisions of this chapter.
Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. A nonconforming use
may be changed to another nonconforming use only under the following
conditions:
A. Such change shall be permitted only by conditional use under the provisions of Article
X.
B. The applicant shall show that the nonconforming use cannot reasonably
be changed to a use permitted in the district where such nonconforming
use is located.
C. The applicant shall show that the proposed change will be less objectionable
in external effects than the existing nonconforming use with respect
to:
(1) Traffic generation and congestion, including truck, passenger car
and pedestrian traffic.
(2) Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
(3) Storage and waste disposal.
[Amended 7-5-2017 by Ord.
No. 2017-5]
No nonconforming use shall be extended to displace a conforming
use.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another of a different classification,
the foregoing provisions shall also apply to any nonconforming uses
or structures existing therein.
The Zoning Officer shall provide for the registration of all
uses which are nonconforming under the terms of this chapter within
a reasonable time after the effective date of this chapter. The record
of nonconforming uses shall certify, after inspection, the extent
and kind of use and disposition of the buildings and land. Upon notification,
each occupant or owner of a premises used for a nonconforming use
shall make available such information as may be necessary to determine
the extent and nature of the nonconforming use.