A.
Nonconformities are uses, structures, buildings, or lots which do not conform to one or more provisions or requirements of this chapter or a subsequent amendment, but which were lawfully established prior to the time of adoption of the chapter or amendment. Such nonconformities are not compatible with the current or intended use of land in the district in which they are located. Therefore, it is the intent of this chapter to permit such nonconformities to continue under certain conditions, but to discourage their expansion, enlargement, or extension. Accordingly, the purpose of this section is to establish regulations that govern the completion, restoration, reconstruction, extension, and/or substitution of nonconformities, and to specify the circumstances and conditions under which nonconformities shall be permitted to continue.
(1)
Within the zoning districts established by this chapter and its predecessors, there exist lots, structures and uses which may have been lawful at the time the chapter came into effect, but which would be prohibited, regulated or restricted under its present terms. Such lots, structures and uses are called "nonconforming," i.e., they do not conform to the requirements of the chapter or its amendments. The nonconforming characteristics of these lots, structures and uses may also be known a "nonconformities."
(2)
Since such nonconformities tend to disrupt the harmony of neighborhoods and adversely affect the public health, safety and welfare, it is the intent of this chapter to permit them to exist only conditionally. Thus, the continuance of nonconformities is discouraged and most changes to lots, structures and uses shall, if possible, eliminate the nonconformity.
(3)
It is further the intent of this chapter that the nonconforming characteristics of nonconforming lots, structures and uses shall not be enlarged upon, expanded or extended, nor shall they be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district.
(4)
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building for which a building permit has been issued and on which actual construction shall have been diligently carried on for 30 days preceding the date of adoption of this chapter. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition, or removal of an existing building has been substantially begun preparatory to rebuilding, such activity shall be deemed to constitute actual construction, provided that works shall be carried on diligently.
B.
The following table summarizes the nonconforming regulations contained in this article:
Summary of Nonconformity Regulations | |
|---|---|
Issue | Requirements |
Change to a different nonconforming use | Not allowed |
Period of non-use before nonconformity must cease | Nonconforming use of open land: 180 days Nonconforming use of structure or building: 12 months |
Change in ownership | No effect on nonconformity |
Expansion of nonconforming use | Not allowed |
Expansion of nonconforming building/structure | Allowed by SLU permit; no expansion of nonconformity allowed |
Maintenance; structural repairs | Generally allowed |
Renovation; modernization | Generally allowed |
Rebuilding after catastrophe | Allowed if damage is less than 50% of precatastrophe fair market value Allowed by SLU permit if damage is more than 50% of precatastrophe fair market value |
Nonconforming contiguous lots under same ownership | Must be combined if vacant |