[Amended 4-4-2017 by Ord.
No. 1766]
Article XXXIX shall be known as the "nonconforming development regulations." The purposes of these regulations are:
A.
To allow for reasonable use of legally created lots
of record which do not meet current minimum requirements for their
respective zoning districts.
B.
To provide for reasonable use of legally constructed
structures which do not meet current site development regulations
for their respective zoning districts.
C.
To allow for the reasonable continuation of legally
established uses which do not meet current use regulations for their
respective zoning districts.
D.
To limit the continuation and provide for the gradual
replacement of nonconforming uses.
Regulations for nonconforming uses are in addition
to regulations for nonconforming structures. In the event of a conflict,
the most-restrictive regulation shall apply.
A.
Preexisting lots of record. Nonconforming lots of
record existing at the time of the adoption of this chapter shall
be exempt, unless otherwise provided, from the minimum lot area and
lot width requirements of each zoning district. Such lots may be developed
with any use allowed by the regulations for the district and must
comply with all other site development regulations set forth by this
chapter.
B.
Reductions due to public acquisition. If a portion
of a legally existing lot in any district is acquired for public use,
the remainder of this lot shall be considered a conforming lot.
These regulations apply to buildings and structures
which were constructed legally under regulations in effect before
the effective date of this chapter.
A.
Continuation. A lawful nonconforming structure existing
on the effective date of this chapter may be continued, repaired,
maintained or altered, subject to the provisions of this article.
B.
Additions or enlargements to nonconforming structures.
(1)
A lawful nonconforming structure may be added
to or enlarged if the addition satisfies one or more of the following
conditions:
(a)
The enlargement or addition, when considered
independently of the existing building, complies with all applicable
setback, height, off-street parking and landscaping requirements.
(b)
The nonconforming building and impervious surface
coverages on the site are not increased and the building, after the
addition, conforms to height and off-street parking regulations applicable
to its zoning district.
(c)
The addition projects no further into a required
side yard setback than the existing building; the length of the side
wall of the addition is the smaller of 25 feet or 50% of the length
of the existing nonconforming side wall; and the enlarged building
complies with building and impervious coverage, front and rear yard
setbacks, and height regulations applicable to its zoning district.
(2)
No permitted addition to a nonconforming structure
may place a wall within 10 feet of a window of an adjacent preexisting
residential structure.
(3)
Nonconforming buildings shall be limited to
one addition or enlargement pursuant to these regulations.
C.
Moving of nonconforming structures. A lawful nonconforming
building or structure shall not be moved in whole or in part to another
location on its lot unless every part of the structure conforms to
all site development regulations applicable to its zoning district.
D.
Repair of nonconforming structures. A lawful nonconforming
building or structure damaged by fire, explosion, storm or other calamity,
except flood damage, may be repaired and reconstructed, provided that
there is no increase in the degree of nonconformity. Repair and reconstruction
within the designated floodplain shall be in conformance with floodplain
development regulations. Repair or reconstruction of a nonconforming
building or structure may also occur if required by law or ordinance
or ordered by the Chief Building Official to secure the safety of
the structure.
E.
Conversion of a conforming building. A conforming
building shall not be changed in any way that will result in a nonconforming
development.
F.
Applicability of landscaping and screening regulations. A preexisting structure, building or development shall be exempt from Article XXXV, Landscaping and Screening Regulations. However, any expansion of such structure, building or development or any adjacent new development onto property that is or becomes vacant on or after the effective date of this chapter shall be subject to Article XXXV.
[Amended 4-4-2017 by Ord.
No. 1766; 2-18-2020 by Ord. No. 1861]
A.
Continuation of nonconforming uses. Any nonconforming use lawfully
existing on the effective date of this chapter may continue, subject
to the limitations of this article.
B.
Enlargement of nonconforming uses.
(1)
A building or structure housing a lawful nonconforming use may
not be added to or enlarged.
(2)
A lawful nonconforming use shall not be allowed to occupy a
greater area of land than was occupied at the date when such use became
nonconforming.
(3)
A lawful nonconforming use shall not be moved, in whole or in
part, to any portion of the lot or structure not occupied by such
use at the date when such use became nonconforming.
(4)
An additional principal or accessory structure shall not be
built in connection with any nonconforming use unless such structure
is an accessory structure to a lawful nonconforming principal residential
use located on land already occupied by such lawful nonconforming
principal residential use.
C.
Abandonment of nonconforming use. In the event that any structure
or property used as a lawful nonconforming use becomes vacant or unused
for any continuous period of six months, any subsequent use of such
structure or property shall conform to all use regulations applicable
to the property's zoning district. In the event that any nonconforming
use is ceased for any continuous period of six months, such nonconforming
use shall be deemed abandoned and any subsequent use shall conform
to all use regulations applicable to the property's zoning district.
D.
Change of use. A lawful nonconforming use may be changed only to
a use type permitted in a zoning district that is equal to or less
intensive than that normally required for the previous use.
E.
Allowance for repairs. Repairs and maintenance of a structure occupied
by a lawful nonconforming use may be made, provided that no structural
alterations are made other than those required by law.
F.
Damage or destruction of structures. Should a structure occupied
by a lawful nonconforming use be damaged to the extent that the cost
of restoration exceeds 50% of the replacement cost of the structure,
the nonconforming use shall no longer be permitted.
G.
Nonconforming uses and conditional and special use permits. A lawful preexisting use which would require a special use permit in its zoning district shall be presumed to have the appropriate permit and shall be considered a conforming use. The use shall be subject to the regulations governing lapses or revocation of permits, set forth in Article XL.
