A.
Intent.
(1)
Within the districts established by this chapter,
or amendments that may be subsequently adopted, there exist lots,
structures, uses of land and structures and characteristics of use
which were lawful before this chapter was adopted or amended, but
which would be prohibited, regulated or restricted under the terms
of this chapter or future amendment. It is the intent of this chapter
to permit these nonconformities to continue until they are removed,
but not to encourage their survival. It is further the intent of this
chapter that nonconformities shall not be enlarged, expanded or extended
or be used as grounds for adding other structures or uses prohibited
elsewhere in the same district, except to the extent allowable by
applicable law.
(2)
Nonconforming uses are declared to be incompatible
with permitted uses in the districts involved. A nonconforming use
of a structure and land in combination shall not be extended or enlarged
by attachment on a building or premises or by the addition of other
uses of a nature which would be prohibited generally in the district
involved.
B.
NONCONFORMING USE
Definition. As used in this article, the following
term shall have the meaning indicated:
A building, structure or use of land existing at the time
of adoption of this chapter or any amendment thereto, and which does
not conform to the regulations of the district in which it is situated.
C.
Continuation of use. The lawful use of any building
or land existing at the time of the enactment of this chapter or any
amendments thereto may be continued although such use does not conform
with the provisions of this chapter to the extent permitted by applicable
law.
D.
Discontinuance. Except for residential uses, when
a nonconforming use has been discontinued for a continuous period
of six months, except when government action impedes access to the
premises, such use shall not thereafter be reestablished, and any
future use shall be in conformity with the provisions of this chapter.
E.
Restorations, exclusive of residential structures.
No nonconforming building damaged by fire or other causes to the extent
of more than 25% of its current replacement cost, as determined by
the Code Enforcement Officer, shall be repaired or rebuilt, except
in conformity with this chapter.
F.
Alterations. For all but one-family residential uses,
a nonconforming building may not be altered during its life to an
extent exceeding in aggregate cost 25% of the current replacement
value for the building as determined by the Code Enforcement Officer,
unless said building is changed to a conforming use. No such alterations
shall increase the inherent nonconformity nor violate any provisions
of this chapter regarding yards, lot area or lot coverage for the
district in which it is situated, or increase any existing violation
of such provisions, and in no event shall the resulting structure
be greater in cubic area than the prior existing structure.
G.
Unsafe structures. If a nonconforming structure or
portion of a structure containing a nonconforming use becomes physically
unsafe or unlawful due to lack of repairs and maintenance, and is
declared by any duly 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 the
district in which it is located. However, the strengthening or restoring
to a safe condition of any building or part thereof declared to be
unsafe by any official charged with protecting the public safety,
upon order of such official, shall be allowed.
Where at the time of adoption of this chapter
lawful use of land exists which would not be permitted by this chapter
and where such use involves mobile homes, the use may be continued
so long as it remains otherwise lawful, provided that:
A.
No additional mobile homes shall be located on any
parcel in excess of the number of sites consisting of the appropriate
pads and utility connections which were in existence at the effective
date of adoption or amendment of this chapter.
B.
If any individual mobile homes located on an individually
owned parcel or lot of record shall be moved for more than a period
of six months, any subsequent use of such land shall conform to the
regulations specified by this chapter for the district in which such
land is located. An existing nonconforming mobile home may not be
replaced by another mobile home.
C.
This chapter is not intended to prohibit the continued
operation of existing mobile home parks as of the effective date of
adoption or amendment of this chapter, and such mobile home parks
are expressly permitted to continue operation in the manner conducted
prior to the effective date of adoption or amendment of this chapter.
D.
If any individual mobile homes located on any parcel
of property on the effective date of adoption of this chapter shall
be bounded by road, street or public right-of-way, said lot may be
sold or otherwise conveyed by metes and bounds description and such
use continued so long as not abandoned pursuant to this section.
Junkyards and auto wrecking yards are prohibited
in all districts. For those junkyards or auto wrecking yards in operation
prior to the enactment of this chapter, all dismantling or cutting
of vehicles shall take place in an area at least 500 feet from any
property line, highway, right-of-way or street line. The open burning
of vehicles or other material is not permitted. The area to be used
as a wrecking yard shall not exceed 2,000 square feet. Any storage
of parts or vehicles outside of the wrecking yard shall be within
a building on the same lot or premises. Such building shall be an
accessory building and subject to the restrictions of accessory buildings.
The auto wrecking area shall be screened from view from any street,
highway or property line by screen planting or any approved fence
so as to be completely hidden from any highway, street or property
line.
In any district in which single-family dwellings
are permitted, a single-family dwelling and customary accessory buildings
may be erected on any single lot of record or a lot or parcel described
by metes and bounds or a lot in an unrecorded plat which was the subject
of a contract to purchase or article of agreement executed prior to
the effective date of this chapter, notwithstanding limitations imposed
by other provisions of this chapter. This provision shall apply even
though such lot fails to meet the requirements for area or width,
or both, that are generally applicable in the district. Variance of
yard requirements, however, shall be obtained only through action
of the Zoning Board of Appeals. A nonconforming single-family residence
may be enlarged or extended, provided that the dimensional nonconformance
is not increased thereby.
