[Ord. 775, 6/15/1983, § 140-701; as amended by
Ord. 851, 7/12/1989, § 1]
NONCONFORMING BUILDING or STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in this
chapter, its predecessors or any amendments thereto, such as minimum
yard, maximum lot coverage, maximum height and off-street parking
requirements, where such structure lawfully existed prior to enactment
of this chapter, its predecessors or amendments thereto. Such nonconforming
structures include, but are not limited to, nonconforming signs.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to
the adoption of this chapter, its predecessor or any amendments thereto,
but which fails to conform to the requirements of the zoning district
in which it is located, such as minimum lot area requirements, by
reasons of such adoption or amendments.
NONCONFORMING USE
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter, its predecessor
or any amendments thereto, where such use was lawfully in existence
prior to enactment of this chapter, its predecessors or amendments
thereto.
[Ord. 775, 6/15/1983, § 140-702; as amended by
Ord. 851, 7/12/1989, § 1]
Subject to the provisions of this section, a nonconforming lot,
nonconforming building or structure or nonconforming use may be continued
even though such does not conform with the provisions of these regulations
for the district in which it is located. The Zoning Officer may keep
and maintain a list of all nonconforming lots, buildings and structures
or uses existing at the time of the passage of this chapter, its predecessors
or amendments thereto, and which may come to exist in the future.
[Ord. 775, 6/15/1983, § 140-703; as amended by
Ord. 851, 7/12/1989, § 1]
1. Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition of any portion of a building or structure declared
unsafe by a proper authority.
2. A nonconforming building or structure (excluding signs) may be altered,
improved or reconstructed provided that the total cost of such work
does not exceed 50% of the fair market value of the structure at the
time of the requested alteration and that the work does not make the
structure any more nonconforming in any aspect. This cost limitation
does not apply to the extent the work involves bringing the structure
into conformance with applicable zoning regulations.
3. If a nonconforming building or structure, or use thereof, is destroyed
totally or partially by fire, collapse, explosion or other disaster,
it may be reconstructed (and the nonconforming use thereof continued),
if work commences within one year of the date of destruction and is
pursued diligently to completion. However, reconstruction shall not
make the building, structure or use more nonconforming, in any aspect,
than it was prior to destruction. Reconstruction must comply with
applicable state and local building codes.
[Ord. 775, 6/15/1983, § 140-704; as amended by
Ord. 851, 7/12/1989, § 1]
1. Residential Districts. In any residential district, nonconforming
uses may expand up to 25% of the gross floor area utilized for the
nonconforming use (measured in square feet), to allow for continuation
and reasonable growth of the use; provided, however, any such expansion
shall comply with all other provisions of this chapter including,
but not limited to, all applicable area and bulk requirements and
off-street parking and loading requirements. Nothing in this section
shall be construed as authorizing the expansion of a nonconforming
building or structure or a nonconforming lot.
2. Commercial, Industrial Districts. In any commercial or industrial district, a nonconforming use may expand up to 50% of the original building or lot area (measured in square feet), in accordance with the same conditions stated in Subsection
1.
[Ord. 775, 6/15/1983, § 140-705; as amended by
Ord. 851, 7/12/1989, § 1]
A nonconforming use may be changed to a similar nonconforming use within the same type of use category. When a nonconforming use is changed to a permitted one, it shall not be subsequently changed to a nonconforming use. A change of one nonconforming use to another nonconforming use required review and approval by the Zoning Hearing Board, in accordance with §
27-705, Subsection 6F, of this chapter.
[Ord. 775, 6/15/1983, § 140-706; as amended by
Ord. 851, 7/12/1989, § 1]
Nothing in this chapter or any amendment thereto shall require
any change in plans, construction or designated use of a building
or structure for which a building permit has been issued prior to
the adoption of this chapter or amendment thereto and the construction
of which shall have been diligently prosecuted within six months of
the date of the issuance of such permit, and the entire building completed
according to approved plans within one year of the enactment of this
chapter or any applicable amendment thereto.
[Ord. 775, 6/15/1983, § 140-707; as amended by
Ord. 851, 7/12/1989, § 1]
1. A nonconforming use of a building or land which has been abandoned
shall not thereafter be returned to such nonconforming use. A nonconforming
use shall be considered abandoned when one or more of the following
conditions apply:
A. The intent of the owner to discontinue the use is apparent.
B. A nonconforming use has been discontinued for a period of six months,
unless other facts show intention to resume the nonconforming use.
C. It has been replaced by a conforming use.
D. It has been changed to another nonconforming use as authorized by
the Zoning Hearing Board.
[Ord. 775, 6/15/1983, § 140-708; as amended by
Ord. 851, 7/12/1989, § 1]
Nothing in this chapter shall be interpreted as authorization
for or approval of the continuance of the use of a structure or premises
in violation of zoning regulations in effect at the time of the effective
date of this chapter, its predecessors or any amendment thereto.
[Ord. 775, 6/15/1983, § 140-709; as amended by
Ord. 851, 7/12/1989, § 1]
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to a district of a different
classification, the foregoing provisions shall apply to any nonconforming
uses, nonconforming buildings or structures or nonconforming lots
existing therein.
[Ord. 775, 6/15/1983, § 140-710; as amended by
Ord. 851, 7/12/1989, § 1]
1. In any residential district, notwithstanding the regulations imposed
by any other provision of this chapter, a single-family detached dwelling
which complies with all applicable zoning restrictions except for
lot area may be erected; provided, that the following requirements
are met:
A. The lot is shown by a recorded plat or deed to have been owned separately
and individually from adjoining tracts of land at a time when the
creation of a lot of such size, at such location, was not prohibited
by any zoning ordinance or chapter then in effect.
B. The lot has remained in separate and individual ownership from adjoining
tracts of land continuously during the entire time that the creation
of such lot has been prohibited by this chapter.
2. Construction permitted by the above shall comply with all the regulations,
except lot area and minimum yard requirements, applicable to single-family
dwellings in the zoning district in which the lot in question is located.
However, the following minimum yard requirements shall apply:
A. Front Yards. As prescribed by the regulations for the zoning district in which the lot is located or by the provision for front yard exceptions in Part
4 of this chapter.
B. Side Yards. The dwelling shall be placed on the lot so as to provide
two side yards. A side yard shall not be less than the smaller of:
(1) 2 1/2 feet; or, (2) the minimum side yard prescribed by the
regulations for the applicable zoning district.
C. Rear Yard. A rear yard shall not be less than the smaller of (1)
the minimum rear yard prescribed by the regulations for the zoning
district in which the lot is located; or, (2) 10 feet.
[Ord. 775, 6/15/1983, § 140-711; as amended by
Ord. 851, 7/12/1989, § 1]
1. Any use, for which a conditional use permit has been issued as provided
by this chapter, shall not be deemed to be a nonconforming use, but
it shall be deemed a lawful conforming use.
2. Where a use exists at the effective date of this chapter and is permitted
by this chapter only as a conditional use in the zoning district in
which it is located, then it shall be deemed to be a lawful conforming
use in such zoning district.
[Ord. 775, 6/15/1983, § 140-712; as amended by
Ord. 851, 7/12/1989, § 1; and by Ord. 939, 12/14/1998, § 3]
1. Any existing signs which are now or may hereafter constitute nonconforming
sings under the provisions of this chapter shall not be enlarged or
altered in any aspect, except to make safety improvements or changes
which will make the sign conforming, or more conforming, to the provisions
of this chapter or amendment thereto.
2. If at any time the owner or operator of a nonconforming sign, either
voluntarily or through municipal enforcement action, proposes or is
required to remodel, reconstruct, alter, expand or repair a nonconforming
sign, the cost of which work is reasonably estimated to be 50% or
more of the estimated cost to construct a new sign of like size and
design at the same location, then such sign shall be brought into
conformance with this chapter or amendment thereto as part of the
work.
3. Any nonconforming sign which shall fall into disrepair shall be deemed
to be abandoned upon the expiration of 30 days from the date of any
notice of the Zoning Officer to bring such sign into proper maintenance
and condition. After any such abandonment, the nonconforming sign
shall be made conforming under this chapter or amendment thereto prior
to any reuse of the sign.