A building that contains no nonconforming use but which does
not comply with the applicable bulk regulations may be continued,
so long as it remains otherwise lawful, subject to the following regulations:
A. Enlargement, repair or alterations. Such building may be enlarged,
maintained, repaired or structurally altered; provided, however, that
no such enlargement, maintenance, repair or structural alteration
shall either create any additional nonconformity or increase the degree
of existing nonconformity of all or any part of such building.
B. Damage or destruction. In the event that any such building is damaged
or destroyed, such building may be restored, but such restoration
shall not create any additional nonconformity.
C. Moving. No such building shall be moved, in whole or in part, for
any distance whatever to any other location on the same or any other
lot, unless the entire building shall thereafter conform to the regulations
of the district in which it is located after being moved.
A lawfully existing nonconforming use of land or of a building
or structure or part thereof may be continued, so long as it remains
otherwise lawful, subject to the following regulations:
A. Ordinary repair and maintenance.
(1)
Work may be done on ordinary maintenance and repairs, and on
repair, replacement, installation and relocation of nonbearing walls
and nonbearing partitions, fixtures, wiring and plumbing, provided
that this provision does not authorize any violation of any other
provisions contained in this section.
(2)
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of a building or structure, in accordance
with the order of a public official who is charged with protecting
the public safety and who declares such building or other structure
to be unsafe and orders its restoration to a safe condition.
B. Structural alteration. No structural alteration shall be made unless
the entire building or structure and the use thereof shall thereafter
conform to the regulations of the district in which it is located.
C. Extension. A nonconforming use shall not be extended, expanded, enlarged
or increased in intensity. Such prohibited activities include, without
being limited to:
(1)
Extension of such use to any building or structure or land area
other than one occupied by such use on the effective date of this
chapter (or on the effective date of a subsequent amendment thereto
that causes such use to become nonconforming).
(2)
Extension of such use within a building or structure to any
portion of the floor area that was not occupied by such use on the
effective date of this chapter (or on the effective date of a subsequent
amendment thereto that causes such use to become nonconforming), provided
that such building or other structure was lawfully designed or arranged
for such use on such effective date.
(3)
Any increase in the number, area or size of signs accessory
to such use.
D. Enlargement. No building or structure that is devoted in whole or
any part to a nonconforming use shall be enlarged or added to in any
manner unless such building or other structure and the use thereof
shall thereafter conform to the regulations of the district in which
it is located.
E. Damage or destruction. In the event that any building or structure
that is devoted, in whole or in part, to a nonconforming use is damaged
or destroyed by any means, to such an extent that the cost of restoration
to the condition in which it was before such damage or destruction
exceeds 75% of the current replacement cost of the entire building
or structure, exclusive of foundations, such building or structure
shall not be restored unless it and its use shall thereafter conform
to the regulations of the district in which it is located. Moreover,
no repairs or restoration shall be made unless a building permit is
obtained, and restoration is actually begun, within six months after
the date of such damage or destruction, and is diligently pursued
to completion.
F. Moving. No building or structure that is devoted, in whole or in
part, to a nonconforming use shall be moved, in whole or in part,
for any distance whatever, to any other location on the same or other
lot, unless the entire building or structure and the use thereof shall
thereafter conform to the regulations of the district in which it
is located after being moved. Moreover, no nonconforming use of land
shall be moved, in whole or in part, for any distance whatever, to
any other location on the same or any other lot unless such use shall
thereafter conform to the regulations of the district in which it
is located after being moved.
G. Change.
(1)
If all or substantially all of a building or structure was originally
designed or intended for a use which is permitted in the district
in which such building or structure is located, a nonconforming use
of such building or structure shall not be changed to any use other
than one permitted in such district. A nonconforming use of any other
building or structure may not be changed to another nonconforming
use unless the Zoning Board of Appeals finds, either by general rule
or by the making of findings in the specific case, that the proposed
use is equally appropriate or more appropriate in the district than
is the existing nonconforming use. In permitting such change, the
Board may impose appropriate conditions and safeguards in accordance
with the provisions of this chapter.
(2)
The nonconforming use of land, not involving a building or structure
or in connection with which any building or structure is incidental
or accessory to the principal use of the land, shall not be changed
other than to a use permitted in the district in which the land is
located.
(3)
When a nonconforming use has been changed to a permitted use,
it shall not thereafter be changed back to a nonconforming use.
H. Discontinuances.
(1)
If a nonconforming use of a building or structure or part thereof
is discontinued for a period of one year, such nonconforming use shall
not thereafter be reestablished, and any subsequent use or occupancy
of such building or structure shall conform to the regulations of
the district in which it is located.
(2)
If a nonconforming use of land, not involving a building or
structure or in connection with which any building or structure is
incidental or accessory to the principal use of the land, is discontinued
for a period of six months, such nonconforming use shall not thereafter
be reestablished, and any subsequent use or occupancy of such land
shall conform to the regulations of the district in which it is located.
I. Nonconforming accessory uses. No nonconforming accessory use shall
continue after the principal use it serves has been abolished.
Where a use exists lawfully on the effective date of this chapter
and is permitted by this chapter only as a special use in the district
in which it is located, such use shall not be deemed a nonconforming
use, but shall without further action be deemed a lawful special use
in such district.
[Amended 9-22-1986 by Ord. No. 814; 6-15-1987 by Ord. No. 844]
Any fence, located on the real estate of its owner, which was
in existence on June 1, 1987, and which does not conform with the
requirements of this Zoning Ordinance may continue as a legal nonconforming
fence. Any such fence may be maintained, repaired or replaced subject
to the following standards and the issuance of a fence permit:
A. To the extent practicable, based on the general availability of construction
materials, a replacement fence shall be of a similar character to
the original fence in terms of materials, design and degree of openness
to vision. A replacement fence may have a greater degree of openness
to vision, but not less.
B. To the extent the nonconformity relates to the location in required
or provided yards, no additional encroachment shall be permitted.
C. No replacement fence shall be built that exceeds the height of the prior nonconforming fence or the height limitation of this chapter, whichever is less. (See also §
285-21-1F, Fences.)
[Amended 7-15-1996 by Ord. No. 1187]
Any driveway located on real estate zoned for residential use
which was in existence on July 15, 1996, and which does not conform
to the requirements of this Zoning Ordinance, may continue as a legal
nonconforming driveway. Any such driveway may be maintained, repaired
or replaced. No replacement driveway shall exceed the original dimensions
or deviate from the original location of the prior nonconforming driveway.