The provisions of this Article shall apply to
all nonconforming uses or bulk existing on the effective date of this
chapter and to uses or bulk that become nonconforming by reason of
any amendment thereof and to buildings or other structures housing
such uses.
Any nonconforming use or building may be continued
indefinitely, except as hereinafter provided in this Article.
[Amended 2-13-2017 by L.L. No. 1-2017]
Any nonconforming use, as defined in § 227-7, which is discontinued for an uninterrupted period of time may only be reestablished in accord with the following conditions. Thereafter, such building or lot shall only be occupied by a conforming use.
A.
In Districts R-A, R-1, R-1A, R-2, R-3 and R/O, a nonconforming use
may not be reestablished after an uninterrupted discontinuance of
more than one calendar year.
B.
In Districts B-1, B-2 and B-3, a nonconforming use may not be reestablished
after an uninterrupted discontinuance of more than two calendar years.
C.
In Districts I-1 and I-2, a nonconforming use may not be reestablished
after an uninterrupted discontinuance of more than two calendar years.
However, the right to reestablish the use may be extended for one
additional year, upon request to the Code Enforcement Officer (CEO),
and renewed annually for two additional years. The CEO may only deny
such renewal upon a determination that the condition of the structure
housing the use poses a threat to public health and safety.
A nonconforming use may be changed to a conforming
use at any time, but shall not thereafter be changed back to a nonconforming
use.
A nonconforming use may be changed to another
nonconforming use by special permit from the Planning Commission,
if the Commission deems the proposed nonconforming use to be similar
in nature to the existing nonconforming use or closer in character
to surrounding conforming uses than the existing nonconforming use.
A nonconforming use shall not be enlarged or
extended or relocated to a different position on the lot which it
occupies.
Customary maintenance of a building or other
structure containing a nonconforming use is permitted, including necessary
nonstructural repairs and minor alterations, so long as they do not
increase or expand the nonconforming use.
A.
No structural alterations are permitted in buildings
that are nonconforming in use, except when required by law or when
adapting or remodeling a building or other structure for a conforming
use.
B.
Buildings and structures which are only nonconforming
in bulk may be altered, moved, reconstructed or enlarged, provided
that such change does not increase the degree of or create any new
nonconforming bulk in such building and does not violate any other
provisions of this chapter.
No lot shall be reduced in area so that it creates
a nonconforming bulk or use in violation of any regulations contained
in this chapter.
If a nonconforming use or a building or other
structure of nonconforming bulk sustains an amount of damage or destruction
by any cause, which in amount is officially appraised to be 80% or
more of its true value, the building, other structure or tract of
land shall thereafter be only eligible for and only occupied by a
conforming use or structure. A building or use damaged to a lesser
extent may be repaired or reconstructed within one year, so long as
the nonconformity is not increased or expanded.
Any lot held in single and separate ownership,
prior to the adoption of this chapter, whose area and/or width and/or
depth are less than the specified minimum lot requirements of this
chapter for that district, may be considered as complying with such
minimum lot requirements, and no variance shall be required, provided
that:
A.
Such lot does not adjoin other undersized lot or lots
held by the same owner (whose aggregate area is equal to or greater
than the minimum lot area required for that district).
B.
Such lot has an area of at least 5,000 square feet
and a minimum width of at least 50 feet at the required setback line.
C.
The following minimum yard dimensions are maintained:
side yards, eight feet; front and rear yards, 25 feet.
D.
All other bulk requirements for that district are
complied with.
Any lot in a subdivision, whose plat has been approved and properly filed prior to the passage of this chapter and whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter for that district, may be considered as complying with such minimum lot requirements, and no variance shall be required, provided that such lot complies with § 227-87.
