(a) Buildings
and structures that do not conform to the regulations established
by this Chapter and which lawfully existed prior to or on September
1, 1972 or any subsequent amendment may be maintained, transferred
and sold, provided that the Planning Commission may, after hearing,
order the termination of a nonconforming use that creates substantial
danger to public health or safety.
(b) Any
nonconforming structure, except as otherwise regulated, may be repaired,
maintained, or altered in any manner which does not increase nonconformity.
Any nonconforming structure, except as otherwise regulated, may be
enlarged or expanded provided that any enlargement or addition shall
conform to the regulations for the district in which it is located.
(c) A nonconforming
building or structure that is damaged or destroyed may not be reconstructed
other than in accordance with the provisions of this Chapter unless
the cost of reconstruction does not exceed 50% of the replacement
cost of the building or structure prior to the damage having occurred.
Where reconstruction is permissible, reconstruction shall be completed
within one year from the date of damage or destruction and the building
as reconstructed shall have no greater floor area than it had prior
to being damaged. Where reconstruction is prohibited, the remaining
portion of the nonconforming building or structure shall be removed
or brought into conformity with the requirements of this Chapter.
The Department of Public Works shall determine the extent of damage
to determine whether the building may be restored.
(d) Except
as otherwise provided in this Section, no nonconforming structure
that is voluntarily razed or required to be razed by the owner thereof
may thereafter be restored except in full conformity with the provisions
of this Chapter.
(e) Any
business building located on a lot of less than 6,000 square feet
in a Business District may be rebuilt to its existing size subject
to the condition that the front setback line shall be enforced and
the building size decreased to provide for the setback.
(Ord. No. 935, November
14, 2012)
(a) A nonconforming
use of land, buildings, or other structures may continue to the extent
that the use existed on September 1, 1972 or any amendment hereto,
as provided in this Section, provided that the Planning Commission
may, after hearing, order the termination of a nonconforming use that
creates substantial danger to public health or safety.
(b) If
any nonconforming use ceases for any reason for continuous period
of 12 calendar months or for one season if the use be seasonal, then
the use shall not be resumed and any use of the land or building thereafter
shall be in full conformity with the provisions of this Chapter.
(c) If
the nonconforming use is carried on in a nonconforming building or
structure and the portion of the building or structure within which
nonconforming use is conducted is destroyed or damaged, the use may
be resumed if restoration or reconstruction, as permitted by this
Article, is completed within one year from the date of the damage
or destruction. If the building or structure may not be restored or
reconstructed under the provisions of this Chapter, or if the building
or structure was conforming, the nonconforming use may not be resumed
and any use of the land or building thereafter shall be in full conformity
with the provisions of this Chapter.
(d) Any
building lawfully in existence and vacant prior to or on September
1, 1972 may within six months thereafter, be occupied by the use for
which it was manifestly designed or arranged.
(Ord. No. 935, November
14, 2012)
(a) Variances.
Any building or structure authorized under a valid Variance still
in force issued prior to September 1, 1972 may be constructed if substantial
construction activities related to the building or structure carried
out on the site have been commenced or are commenced within 12 months
after September 1, 1972.
(b) Lots.
Lots that do not conform to the requirements of this Chapter may be
treated as lots existing on September 1, 1972 if they are created
by a subdivision of land:
(1) For which a final subdivision map was approved prior to September
1, 1972 if the map has been, or is recorded within one year after
September 1, 1972; or
(2) For which a preliminary subdivision map was approved prior to September
1, 1972 and a final map of the subdivision is approved and recorded
within one year after September 1, 1972.
(c) Permits.
Any building or structure authorized under a valid Variance still
in force issued prior to any subsequent amendment to this Chapter
may be constructed if substantial construction activities related
to the building or structure carried out on the site have been commenced
or are commenced within 12 months after August 26, 2002.
(Ord. No. 935, November
14, 2012)