Where a principal or accessory structure exists on the effective
date of this chapter or any amendment hereto that could not be built
or placed under the terms of this chapter or such amendment, such
structure may be continued subject to the provisions of this article,
so long as it remains otherwise lawful, subject to the following requirements:
A. Nonresidential structures.
(1)
No such nonresidential structure shall be enlarged to an extent
greater than 25% of its gross floor area at the time of enactment
of this chapter or at the time of amendment thereof creating the nonconformity.
Any such expansion shall be limited to the lot, as defined when the
structure became nonconforming and shall comply with applicable height
and setback standards for the district.
(2)
Should such nonresidential structure be condemned or substantially
damaged because of fire or natural catastrophe to an extent of 60%
of its assessed or appraised value at the time of such fire or natural
catastrophe, such nonresidential structure may be reconstructed utilizing
its existing footprint provided:
(a)
The reconstructed structure is identical to or smaller than
the original structure in all dimensions, including height, width,
length, and use; and
(b)
Construction is started within one year and completed within
18 months of the date of its condemnation, fire, or natural catastrophe.
(3)
A nonconforming structure may not be changed to any use except
one which is permitted in the zoning district in which the property
is located.
(4)
Should any nonconforming commercial or industrial structure
be moved for any reason for any distance whatever it shall after that
conform to the regulations for the zoning district in which it is
located after it is moved.
B. Residential structures.
(1)
Residential structures provided they legally existed as of the
effective date of this chapter or any amendment hereto, regardless
of their failure to meet yard setback or lot coverage limitations
as set forth in this chapter as enacted or amended, shall be deemed
conforming.
(2)
Alteration, renovation, or expansion of such structures shall
be allowed only if the change increases the degree of conformity.
Interior remodels, or alterations that do not increase the degree
of nonconformity shall also be allowed. For residential uses, the
degree of nonconformity is not increased when the alteration, renovation,
or expansion merely aligns with the structure's current setback only
if no additional dwelling unit is created.
(3)
Should such residential structure be condemned or substantially
damaged because of fire or natural catastrophe to an extent of 75%
of its assessed or appraised value at the time of such fire or natural
catastrophe, such nonresidential structure may be reconstructed utilizing
its existing footprint provided:
(a)
The reconstructed structure is identical to or smaller than
the original structure in all dimensions, including height, width,
length, and use; and
(b)
Construction is started within one year and completed within
18 months of the date of the condemnation, fire, or natural catastrophe.
C. For purposes of this chapter, a lawful structure refers to a principal
structure or any portion thereof, that was built in accordance with
all the applicable zoning regulations, if any, in effect at the time
of its construction.
Where a lawful use of land exists as of the effective date of
this chapter or any amendment hereto that is made no longer permissible
under the terms of this chapter or such amendment, such use may be
continued, subject to the provisions of this chapter, so long as it
remains otherwise lawful, subject to the following provisions:
A. No such nonconforming use shall be enlarged or increased nor extended
to occupy a greater area of land than was occupied on the effective
date of the adoption of this chapter or the amendment to it creating
the nonconformity.
B. No such nonconforming use shall be moved in whole or in part to any
other portion of the lot or parcel occupied by such use on the effective
date of the adoption of this chapter or the amendment thereto creating
the nonconformity.
C. Any nonconforming use, including the nonconforming use of a lot or
parcel that is discontinued or abandoned for a continuous period of
12 months, shall not be resumed after that and any future use of the
lot or parcel shall conform to the provision of this chapter. In the
case of any dispute as to whether a nonconforming use is abandoned
or discontinued, the burden of proof shall be upon the property owner.
Where a lawful nonconforming accessory structure existed as
of the effective date of this chapter or any amendment hereto, that
could not be built under the terms of this chapter or such amendment
by reason of restrictions on area, lot coverage, height, yards, or
another characteristic of the structure or its location on the lot,
such structure may be continued, so long as it remains otherwise lawful,
subject to the following provisions:
A. Any nonconforming accessory structure which has been condemned or
destroyed through fire or other natural catastrophe to an extent of
100% of its assessed or appraised value at the time of such fire or
natural catastrophe may be reconstructed utilizing the existing footprint
of the structure. Construction is to be stared within one year and
completed within 18 months of the date of the condemnation, fire,
or natural catastrophe. At the request of the property owner, the
Zoning Inspector may extend the time for completion of construction
for an additional period not to exceed 12 months upon a determination
of good cause.
B. Any structure that is moved, for any reason for any distance by the
owner shall be required to conform to the regulations for the zoning
district in which it is located after it is moved. This restriction
shall not apply to the elevation of the structure for repair, replacement,
or construction of the foundation and/or the structural undercarriage.
C. Expansion or enlargement of such structure shall comply with all yard requirements as set forth in Article
IX.
If a lawful use contained within a structure exists as of the
effective date of this chapter or any amendment hereto that would
not be allowed in the zoning district under the terms of this chapter
or such amendment, the lawful use may be continued so long as it remains
otherwise lawful, subject to the following provisions:
A. No existing structure devoted to a use not permitted by this chapter
or any amendment hereto in the zoning district in which it is located
shall be enlarged, extended, constructed, reconstructed, moved, or
structurally altered except in changing the use of the structure to
a use permitted in the zoning district in which it is located.
B. Any nonconforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use on or before
the effective date of this chapter. No such use shall be extended
to occupy any land outside such building.
C. Any structure in which a nonconforming use is superseded by a permitted
use shall, after that, conform to the regulations for the one in which
such structure is located, and the nonconforming use may not thereafter
be resumed.
D. Any nonconforming use of a structure that is discontinued or abandoned
for a continuous period of 12 months shall not be resumed thereafter,
and any future use of the structure shall conform to the provision
of this chapter. In the case of any dispute as to whether a nonconforming
structure is abandoned or discontinued, the burden of proof shall
be upon the property owner.
Any use for which a special exception has been granted and which
this chapter no longer allows shall not be deemed a nonconforming
use but shall be subject to the conditions under which it was approved.