A.
Within the zoning districts established by this chapter, there exist
lots, structures, and uses of land which were lawful before this chapter
was adopted or amended, but which would be prohibited, regulated,
or restricted under the terms of this chapter. Such lots, structures,
and uses of land are referred to as "nonconforming."
B.
It is the intent of this chapter not to encourage the survival of
nonconforming lots, nonconforming commercial and industrial structures,
and nonconforming uses, whether it be a nonconforming use of a structure
and for a nonconforming use of land. Nonconforming uses are declared
to be incompatible with permitted uses in the zoning districts involved.
C.
It is further the intent of this chapter that nonconformities shall
not be enlarged upon, expanded, or extended, except as permitted in
this chapter, nor be used as grounds for adding other structures or
uses prohibited elsewhere in the same zoning district.
A.
In any zoning district in which single-family dwellings are permitted,
notwithstanding limitations imposed by other provisions of this chapter,
a single-family dwelling and customary accessory structures may be
erected on any single lot of record. Such lot must be in separate
ownership and not of continuous frontage with other lots in the same
ownership. This provision shall apply even though such lot fails to
meet the requirements for area or width, or both that are generally
applicable in the district provided that yard dimensions shall conform
to the regulations for the zoning district in which such lot is located.
Any variance of yard requirements shall be obtained only through the
action of the Board of Zoning Appeals.
B.
If two or more lots or combination of lots and portions of lots with
continuous frontage are of single ownership as of the effective date
of this chapter or any amendment hereto, and if all or part of the
lots do not meet the requirements for lot width and area as established
by this chapter or such amendment, the lands involved shall be considered
to be an undivided parcel for this chapter. No portion of said parcel
shall be used or transferred which does not meet lot width and area
requirements established by this chapter, nor shall any division of
the parcel be made which leaves remaining any lot with width or area
below the requirements stated in this chapter.
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:
(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:
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.
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.
A.
On any structure devoted in whole or in part to any nonconforming
use, work may be done in any period of 12 consecutive months on ordinary
repairs or replacement, provided that the cubic content of the building,
as it existed at the time of passage or amendment of this chapter,
shall not be increased.
B.
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by any official charged with protecting the public safety,
upon order of such official.
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.
See § 340-20, Grandfathering.
