Certain existing lots, structures and uses of lots and structures were lawful before this chapter was adopted, but have become nonconforming under the terms of this chapter and its amendments. It is the intent of this chapter to permit such nonconformities to remain under certain conditions until they are discontinued or removed, but not to encourage their survival or, where discontinuance or removal is not feasible, to gradually upgrade such nonconformities to conforming status. Nonconformities shall not be enlarged, expanded, or extended, except as provided herein, and shall not be used as grounds for adding other structures and uses of lots and structures which are prohibited. Nonconformities are declared by this chapter to be incompatible with the structures and uses permitted in the various zones.
In any zone in which single-family dwellings are permitted, subject to limitations imposed by §
770-21 and other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on a lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though a lot fails to meet the
applicable requirements
for area or width, provided that setbacks and other requirements, not involving area or width, shall conform to the regulations
for the zone in which such lot is located.
Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
A. No such nonconforming use shall be extended to occupy a greater area of a site or greater floor area of a structure than was occupied at the effective date of adoption or amendment of this chapter, unless approved by the Zoning Board of Appeals.
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 at the effective date of adoption or amendment of this chapter, unless approved by the Zoning Board of Appeals.
C. If such nonconforming use of land ceases operation with the intent of abandonment for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this chapter for the zone in which such land is located.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics 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. No such structure may be enlarged or altered in a way which increases its nonconformity, unless approved by the Zoning Administrator through the submission of a site plan, and provided the following remain true:
(1) The existing character of the area is maintained.
(2) Additional parking spaces are not required in order to comply with the adopted standards of this chapter.
(3) The size is comparable to adjacent uses.
(4) The construction materials and resulting style are compatible with the existing building.
(5) The expansion will not have a detrimental effect on neighboring properties.
B. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved.
C. The Zoning Administrator may allow a nonconforming detached single-family dwelling to expand, provided the expansion complies with all Zoning Ordinance provisions.
If a lawful use of a structure, or of a structure and land in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the zone under the terms of this chapter, 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 in the zone in which it is located shall be extended to occupy a greater number of parcels a greater area of a site, or a greater floor area of a building than was occupied at the effective date of adoption or amendment of this chapter, unless approved by the Zoning Board of Appeals.
B. No such use structure may be enlarged or altered in a way which increases its nonconformity, unless approved by the Zoning Administrator through the submission of a site plan, and provided the following remain true:
(1) The existing character of the area is maintained.
(2) Additional parking spaces are not required in order to comply with the adopted standards of this chapter.
(3) The size is comparable to adjacent uses.
(4) The construction materials and resulting style are compatible with the existing building.
C. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations pertaining to the uses permitted in the zone in which such structure is located, and the nonconforming use may not thereafter by resumed. Section
770-115, Nonconforming structures, shall apply to any nonconformity relating to the structure(s).
D. If such nonconforming use of land and structures ceases operation with the intent of abandonment for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this chapter pertaining to the uses permitted in the zone in which such land is located.
E. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
Any use for which special land use approval is permitted as provided in this chapter shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such zone.
There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, structures, and premises, provided there is no change in the nature or character of such nonconforming uses except in conformity with the provisions of this chapter.