This article shall apply to those land uses, structures and
lots of record which legally existed at the time of enactment, but
which are not in compliance with the regulations or standards herein.
When examining the origination date of a preexisting use, the Code
Enforcement Officer shall refer to the Master Plan to determine the
date the use came into existence. The burden shall be upon the applicant
to rebut any presumption relative to the origination date.
The intent of this article is to provide for limited development
upon existing undersized lots and to allow nonconforming uses to continue
but not to encourage their expansion.
A.
A single-family dwelling may be constructed on any recorded lot held in single and separate ownership prior to adoption of these regulations without regard to the minimum lot area, minimum lot width and minimum river frontage required by Article III of this chapter, provided that such lot does not adjoin any other lot or lots held by the same owner such that the owner might combine two or more lots in order to meet minimum requirements. Minimum front, side and rear building setbacks for new structures shall be 1/2 the minimum requirements specified in this chapter. The establishment of a use other than a single-family dwelling on such lots shall require a variance.
B.
Existing buildings located on undersized lots of record may be reconstructed
to occupy the same ground area as the original structure, provided
that a variance is obtained from the Zoning Board of Appeals.
C.
Existing buildings located upon undersized lots of record may be
expanded without the issuance of a variance, provided that minimum
front, side and rear building setbacks are met.
Existing buildings which are placed closer to front, side or
rear lot lines than permitted by this chapter shall not be expanded
so as to encroach farther into the required setback without the issuance
of a variance. Expansions within front, side or building setbacks
are permitted without issuance of a variance if they are in line with
the existing building, as illustrated below. It shall be presumed
that any expansion into the front setback on Broadway will be detrimental
to the health, safety and welfare of the community.
Uses of land or structures which lawfully existed at the time
these regulations were enacted, and which would be prohibited or restricted
by these regulations, may be continued subject to the following conditions:
A.
Enlargement of buildings. Buildings containing a nonconforming use
may be enlarged by an amount not to exceed 1/4 the size of the building
without issuance of a variance by the Board of Appeals, provided that
the minimum building setbacks and maximum lot coverage requirements
are met. If only a portion of a building contains a nonconforming
use, then that square footage may be increased by 1/4 by using additional
space within the structure, but not by constructing an addition to
the structure.
B.
Expansion of area. The area of a lot occupied by a nonconforming
use which does not involve a building, such as a nonconforming automobile
sales lot or an equipment storage area, may be expanded by 25%, provided
that all dimensional and screening requirements stated in this chapter
for such use are satisfied.
C.
Unsafe structures. Any structure or portion thereof declared unsafe
by proper authority may be restored to a safe condition.
D.
Restoration. If a building is destroyed by fire, flood or other act of God, then it may be rebuilt or restored to house the specific use that existed at the time of its destruction, but it shall not be rebuilt for any other nonconforming use. It may be enlarged by the amount permitted in Subsection A above.
E.
Discontinuance. Whenever a nonconforming use has been discontinued
for a period of one year, the use shall not thereafter be reestablished,
and all future uses shall be in conformity with these regulations.
F.
Changes. Once changed to a conforming use, no structure or land so
changed shall be permitted to revert to a nonconforming use.
