[Ord. 1973-1, 2/5/1973, § 910]
1.
Continuation. Any lawful structure existing on the effective date
of this chapter may remain although such structure does not conform
to the dimensional requirements of this chapter.
2.
Restoration. A nonconforming building wholly or partially destroyed
by fire, explosion, flood or other phenomenon or legally condemned
may be reconstructed, provided that reconstruction of the building
shall be commenced within one year from the date the building was
destroyed or condemned and shall be carried on without interruption.
3.
Extension or Alteration. A structure that does not conform with the
setback, yard, building height or other dimensional requirements of
the district in which it is located may be extended, provided that
the extension conforms with all dimensional requirements of this chapter
and all other applicable regulations of this chapter.
[Ord. 1973-1, 2/5/1973, § 920; as amended by Ord.
1995-8, 8/7/1995]
1.
Any nonconforming lot legally existing at the time of the adoption
of this chapter or which is created whenever a district is changed
by amendment hereafter may be continued and/or maintained even though
it does not conform to the regulations of the District in which it
is located. It is not the intent of this chapter to be overly restrictive
or to cause a hardship for any property owner, but rather to allow
these nonconforming lots to continue until they are eliminated as
single entities, possibly through the addition of such lots to adjacent
property.
2.
In the case of a lot or record which existed at the effective date
of this chapter which does not meet the minimum area requirements
for the district in which it is located, a permitted structure may
be placed on the parcel provided that:
A.
The owner does not one adjoining land which could be combined to
form a conforming lot.
B.
Each side yard is not less than five feet when adjoining another
lot and 10 feet when adjacent to any street.
C.
The rear yard is not less than 10 feet.
D.
The front yard conforms to the minimum distance required.
E.
The site and its intended use complies with all other applicable
provisions of this chapter.
F.
The foundation of the structure to be placed on the parcel must be
no larger than the foundation of the structure which is being replaced.
[Ord. 1973-1, 2/5/1973, § 930]
1.
Continuation. Any lawful use of a building or land existing at the
effective date of this chapter may be continued although such use
does not conform to the provisions of this chapter.
2.
Extension. A use that does not conform to the use regulations of
the district in which it is located may be extended, provided that:
A.
The proposed extension shall take place only upon the lot or contiguous lots held in the same ownership as that existing at the time the use became nonconforming. Permission to extend a nonconforming use as described in this Part 8 shall not be construed to mean that new or similar uses may be established which, in fact, would become either commercial or planned industrial development as defined in § 27-403, Subsection 5.
B.
The proposed extension shall conform with the area, building height,
parking, sign and other requirements of the district in which said
extension is located, as contained in Parts 5, 7 and 8.
3.
Changes. 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 as a special exception under
the provisions of Part 10.
B.
The applicant shall show that a nonconforming use cannot reasonably
be changed to a permitted use.
C.
The applicant shall show that the proposed change will be less objectionable
in external effects than the existing nonconforming use with respect
to:
4.
Abandonment. If a nonconforming use of a building or land ceases
and is abandoned for a continuous period of one year or more, subsequent
use of such building or land shall be in conformity with the provisions
of this chapter. For the purposes of this chapter, abandonment shall
commence when reasonable efforts to re-establish (such as lease, rental,
sale, etc.) a nonconforming use have ceased.
