[Ord. 970, 5/16/2007, § 1201]
This Part shall apply to all nonconforming uses, structures,
and lots as defined by this chapter. Nothing contained herein shall
require any change in the overall layout, plans, construction, size
or designated use of any development, building, structure or part
thereof for which official approval and required permits have been
granted prior to the effective date of this chapter or any amendment
thereto.
[Ord. 970, 5/16/2007, § 1202]
Subject to provisions of this Part, a nonconforming lot, nonconforming
structure or nonconforming use may be continued even though such does
not conform with the provisions of theses 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. 970, 5/16/2007, § 1203]
1.
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition or any portion of a structure declared unsafe
by a proper authority. A nonconforming 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 land use ordinances.
2.
If a nonconforming 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. 970, 5/16/2007, § 1204]
1.
Residential Districts. In any residential district, nonconforming
uses may expand up to 10% 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 Part
shall be construed as authorizing the expansion of a nonconforming
structure or a nonconforming lot.
[Ord. 970, 5/16/2007, § 1205]
A nonconforming use may be changed to a similar nonconforming use within the same type of use category by special exception approved by the Board in accordance with the standards set forth in § 27-1108 of this chapter. When a nonconforming use is changed to a permitted one, it shall not be subsequently changed to a nonconforming use.
[Ord. 970, 5/16/2007, § 1206]
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 or
structure completed according to approved plans within one year of
the enactment of this chapter or any applicable amendment thereto.
[Ord. 970, 5/16/2007, § 1207]
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 Board.
[Ord. 970, 5/16/2007, § 1208]
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 any provision of this chapter in effect at the time
of the effective date of this chapter, its predecessors or any amendment
thereto.
[Ord. 970, 5/16/2007, § 1209]
Whenever the boundaries of a zoning 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 structures, or nonconforming lots existing therein.
[Ord. 970, 5/16/2007, § 1210]
1.
In any residential zoning district, a single-family detached dwelling
which complies with all applicable restrictions of this chapter 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 the applicable zoning ordinance
or chapter.
2.
Construction permitted by the above shall comply with all the requirements
of this chapter, 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 Yard. As prescribed by the regulations for the zoning district
in which the lot is located.
B.
Side Yards. A 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
districts in which the lot is located; or (2) 10 feet.
[Ord. 970, 5/16/2007, § 1211]
1.
Any use, for which a conditional use or a special exception 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 or a special exception 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. 970, 5/16/2007, § 1212]
1.
Any existing signs which are now or may hereafter constitute nonconforming
signs 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 an amendment thereto.
2.
If at any time the owner or operator of a nonconforming sign, either
voluntarily or through a municipal enforcement action, shall be required
to make repairs or alterations to a nonconforming sign which equal
50% or more of the sign's replacement value, then such sign shall
be brought into conformance with this chapter or an amendment thereto
as part of the repairs to said nonconforming sign.
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 issuance
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 an amendment thereto
prior to any reuse of the sign.
