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.
A.
Ordinary repairs and/or replacement of nonbearing
walls, fixtures, wiring or plumbing to any building or structure devoted
in whole or in part to any nonconforming structure or use may be done
in any period of 12 consecutive months, provided such repairs shall
not exceed 50% of the equalized assessed valuation of the building
or structure, and that the cubic content of the building or structure
as it existed at the time of passage or amendment of this chapter
shall not be increased.
B.
Destruction or damage of nonconforming building or
structure.
(1)
Any nonconforming building or structure which has
been destroyed or damaged by fire, explosion, natural catastrophe,
or by public enemy, except when such destruction or damage is caused
as a direct result of riot or civil insurrection, to the extent of
50% or more of its equalized assessed valuation, exclusive of the
foundation, thereafter shall be made to conform to the provisions
of this chapter.
(2)
If such damage is less than 50% of its equalized assessed
valuation, exclusive of the foundation, then such building or structure
may be restored to the same size and use as existed before such damage,
provided that such restoration shall be subject to the approval of
the Zoning. Administrator. The restoration must begin within one year
of the date of such partial destruction, or complete destruction if
caused as a direct result of a riot or civil insurrection, and shall
be diligently carried on to completion. Where pending insurance claims
require an extension of time, the Zoning Administrator may grant a
time extension of up to one additional year, provided that the property
owner submits a certification from the insurance company attesting
to the delay.
(3)
If a nonconforming structure, or a portion of a structure
containing a nonconforming use, becomes physically unsafe or unlawful
due to a lack of repairs and maintenance, and is declared by the Building
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 for the zone in which
it is located.
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.
