[Ord. No. 509, 8-11-2021]
A.
Within the districts established by this Chapter or by amendments
that may later be adopted, there exist lots, premises, structures,
and uses of land which were lawful before March 4, 1974 was effective
or amended, but which would be prohibited, regulated, or restricted
under the provisions of this Chapter or future amendment. These are
designated as non-conformities.
B.
It is the intent of this Chapter to permit these non-conformities
to continue until they are removed (except as otherwise herein provided).
It is further the intent of this Chapter that such non-conformities
shall have all the rights of a conforming use or structure, except
that they shall not be enlarged upon, expanded, or extended except
as provided for herein, nor to be used as grounds for adding other
structures or uses prohibited elsewhere in the same district.
C.
A non-conforming use of land, premises, or structure shall not
be modified in any way which increases the degree or quantity of the
existing non-conformance after March 4, 1974.
D.
If a non-conforming structure or portion of a structure containing
a non-conforming use becomes physically unsafe or unlawful due to
lack of repairs and maintenance, or other destruction, and said structure
is declared by an authorized official to be unsafe or unlawful by
reason of physical condition, it shall not thereafter be restored,
repaired, or rebuilt except in conformity with the regulations of
this Chapter as it applies to the district in which it is located,
with the exception that if the only non-conformity is setback requirements
the structure may be restored, repaired, or rebuilt on the site of
the original foundation.
E.
Whenever a building or use constructed or established after
March 4, 1974, is changed or enlarged in floor area, number of employees,
number of dwelling units, seating capacity, or otherwise, to create
a need for an increase of ten percent (10%) or more in the number
of existing parking spaces, such spaces shall be provided on the basis
of the enlargement or change. Whenever a building or use existing
prior to March 4, 1974, is enlarged to the extent of fifty percent
(50%) or more in floor area or in the area used, said building or
use shall then and thereafter comply with the parking requirements
set forth herein.
F.
A non-conforming use or a non-conforming building or structure
which is non-conforming only because of failure to provide required
off-street parking spaces or loading berths shall have all the rights
of a conforming use or structure.
G.
In the event of the destruction of a non-conforming owner-occupied
single-family detached dwelling unit, such structure may be reconstructed
within the associated structure's original setbacks and original use
through written approval of the Administrative Officer, so long as
it is reconstructed in a manner that does not increase the non-conformity
with regards to Sections 400.515, Land Use Matrix and 400.518, Dimensional
Tables and is built in conformance with all other applicable regulations.
[Ord. No. 509, 8-11-2021]
A.
Where, on the effective date of March 4, 1974, a lawful use
of land exists that is no longer permissible under the regulations
and standards of this Chapter, as adopted, or amended, such use may
be continued so long as it remains otherwise lawful subject to the
following provisions:
1.
No such non-conforming use of land shall be enlarged,
increased, or extended to occupy a greater area of land than was occupied
on the effective date March 4, 1974.
2.
No such non-conforming use of land shall be moved
in whole or in part to any other portion of the lot or tract of land
occupied on the effective date of March 4, 1974.
3.
If any such non-conforming use of land ceases for
any reason for a period of more than thirty (30) consecutive days,
any subsequent use of such land shall conform to the resolutions and
standards set by this Chapter for the district in which such land
is located.
[Ord. No. 509, 8-11-2021]
A.
Where, on the effective date of March 4, 1974, a lawful structure
exists that could not be built under the regulations and standards
of this Chapter as adopted or amended, by reasons of restrictions
on lot area, lot coverage, floor area ratio, heights, yards, spacing
between buildings, or other characteristics of the structure or its
location on the lot, such structure may be continued so long as it
remains lawful subject to the following provisions:
1.
Such structure may be improved, enlarged, maintained,
and repaired as if it were a conforming structure, so long as such
improvement, enlargement, maintenance, or repair will:
2.
This Section shall not be construed to prevent any
structure or portion thereof may be altered to decrease its non-conformity.
3.
Application of paint, siding, or enclosing of existing
structures or portions thereof shall not be considered an increase
in non-conformity so long as the painting, siding, or area enclosed
does not increase the area of the non-conforming structure or non-conforming
portion thereof.
4.
Transfer of ownership shall not result in the loss
of non-conformance status for any residential structure.
5.
Should any such structure be moved for any reason
for any distance whatever it shall thereafter conform to the regulations
and standards for the district in which it is located after it is
moved.
[Ord. No. 509, 8-11-2021]
A.
Where, on the effective date of March 4, 1974, a lawful use
of a structure, or a premises, exists that is no longer permissible
under the regulations and standards of this Chapter as adopted or
amended, such use may be continued so long as it remains otherwise
lawful, subject to the following provisions:
1.
No existing building or structure devoted to a use
not permitted by this Chapter in the district in which it is located
shall be enlarged, extended, constructed, reconstructed, moved, or
altered except in changing the use of such building or structure to
a use permitted in the district in which it is located. A structure
devoted to a non-conforming use may be maintained or repaired as if
it were a conforming building or structure, provided that the volume
of such building or the size of such structure as it existed at the
effective date of March 4, 1974 shall not be increased.
2.
Any non-conforming use may be extended throughout
any parts of the building or structure which were manifestly arranged
or designed for such use at the effective date of March 4, 1974, but
no such use shall be extended to occupy land outside of such building
or structure.
3.
Any non-conforming use of a building or structure,
or of any premises, may be changed to another non-conforming use provided
that the Planning and Zoning Commission, either by general rule or
by making findings in the specific case, shall find that the proposed
use is equally appropriate or more appropriate to the district than
the existing non-conforming use. In permitting such changes, the Planning
and Zoning Commission may require appropriate conditions and safeguards
in accord with the provisions of this Chapter.
4.
Any building or structure, or any premises, in or
on which a non-conforming use is superseded by a permitted use, shall
thereafter conform to the regulations and standards of the district
in which such building, structure, or premises is located, and the
non-conforming use shall not be resumed.
5.
When a non-conforming use of a building or structure,
or of a premises, is discontinued or abandoned for six (6) consecutive
months or for eighteen (18) months during any three-year period, the
building or structure, or the premises, shall not thereafter be used
except in conformance with the regulations and standards of the district
in which it is located.
6.
Where non-conforming use status applies to the use
of a building, removal or destruction of the building or structure
shall eliminate the non-conforming use status, and any use of a new
building or structure must be a use permitted in the district in which
it is located.
