[Amended by Ord. No. 1777]
A legal nonconforming structure existing at the time of the
adoption or pertinent amendment of the Zoning Ordinance may be continued
although such structure does not conform with the provisions of the
chapter. The nonconformity of such nonconforming structure may not
be expanded except as set forth herein. A nonconforming structure
may be restored to the size, location and use that it had immediately
before it was damaged or destroyed, provided such damage or destruction
occurred on or after March 2, 2006, and provided the damage or destruction
was caused by violent wind, vandalism, fire, flood, ice, snow, mold,
or infestation. A restored nonconforming structure may be larger than
the size it was immediately before damage or destruction under this
chapter if the structure must be larger to satisfy state or federal
law or regulations. Nonconforming structures may be subject to routine
maintenance, repairs, renovation, or remodeling in any event.
The lawful nonconforming use of a property where such use existed
at the time of the adoption or pertinent amendment of the Zoning Ordinance
may be continued although such use does not conform with the provisions
of the chapter. If such nonconforming use is discontinued for a period
of 12 months, any use of the property thereafter shall conform with
the chapter.
The existence of a nonconforming lot may be maintained under
this chapter, but where practicable, should be eliminated in the event
of any division of contiguous property owned by the same owner.
Under this article, the following definitions shall apply:
In relationship to a nonconforming structure use or lot,
occurs at the time of actual commencement or establishment thereof,
not of preparations therefor. Although prior to the enactment or amendment
of this chapter, expenses have been incurred or work has been done
in the making of plans and specifications for, or in the construction
of any building or structure whose erection, alteration, enlargement
or completion is prohibited according to the terms hereof, or although
any such work has been done or such expense incurred in connection
with a use which is prohibited, according to the terms hereof, the
doing of such work or the incurring of such expense shall not be deemed
the commencement of a nonconforming structure or use which would permit
the continuation of same under the terms of this section.
One that was established prior to the Zoning Ordinance or,
at the time of its establishment, met the minimum lot's size and dimension,
requirements for the zone in which it is located but which, because
of the adoption of the chapter or because of subsequent changes to
the minimum lot size and dimensions applicable to that zone, is now
smaller than that minimum lot size or lacks other required dimensions.
A building, structure, or premises that was established prior
to the Zoning Ordinance or complied with it at the time it was established
but which, because of the adoption of the chapter or subsequent changes
to the chapter, no longer fully complies with the chapter.
A use of property that commenced prior to the Zoning Ordinance
or was allowed under the Zoning Ordinance at the time the use was
established but which, because of the adoption of the chapter or because
of subsequent changes in the chapter, is no longer a permitted use.
The Board of Appeals may grant special exceptions from the requirements of this article pursuant to § 16-51C.
