In any district in which single-family detached dwellings are permitted, a single-family detached dwelling and customary accessory buildings may be erected on a single lot of record existing on the effective date of adoption or amendment of this chapter, subject to the limitations of §
165-7A and the following provisions:
A. Such lot must be in separate ownership and not of
continuous frontage with other lots in the same ownership. 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,
provided that yard dimensions and other requirements not involving
area or width, or both, of the lot shall conform to the regulations
for the district in which such lot is located.
B. If two or more lots or combinations of lots and portions
of lots with continuous frontage in single ownership are of record
at the time of the adoption or amendment of this chapter, and if all
or part of the lots does not meet the requirements established for
lot width or area, the lands involved shall be considered to be an
undivided parcel for zoning purposes, and no portion of said parcel
shall be used or sold in any manner which diminishes compliance with
the lot width and area requirements of this chapter, nor shall any
division of any parcel be made which creates a lot with width or area
below the requirements stated in this chapter.
Where, at the time of passage of this chapter,
lawful use of land exists which would not be permitted by the regulations
imposed by this chapter, the use may be continued as long as it remains
otherwise lawful, provided that:
A. No such nonconforming use shall be enlarged or increased,
nor extended to occupy a greater area of land than was occupied by
such use on the effective date of adoption or amendment of this chapter.
B. No such nonconforming use shall be moved in whole
or in part to any portion of the lot or parcel other than that occupied
by such use on the effective date of the adoption or amendment of
this chapter.
C. If any such nonconforming use of land ceases for 12
months or more, any subsequent use of such land shall conform to the
regulations specified by this chapter for the district in which the
land is located.
D. This section shall not be deemed to apply to residential lots described in §
165-7B.
Where a lawful structure exists on 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, its location on the lot, or other requirements
concerning the structure, such structure may be continued as long
as it remains otherwise lawful, subject to the following provisions:
A. No such nonconforming structure may be enlarged or
altered in any way which increases its nonconformity, but any structure
or portion thereof may be altered to decrease its nonconformity.
B. Should such nonconforming structure or nonconforming
portion of the structure be abandoned for 12 months or more or damaged
or destroyed by fire or other cause or its use diminished by eminent
domain taking to the extent of more than 50% of its replacement cost
at the time of the damage or destruction or taking, and a building
permit for such reconstruction, repair or replacement is not applied
for within six months after such event, such structure may not be
reconstructed except in conformity with the provisions of this chapter.
C. Should such structure be moved, for any reason, for
any distance whatever, it shall thereafter conform to the regulations
for the district in which it is located after it is moved.
D. This section shall not be deemed to apply to residential lots described in §
165-7B.
If lawful use involving individual structures,
or of structures and premises in combination, exists on the effective
date of adoption or amendment of this chapter that would not be allowed
in the district under the terms of this chapter, the lawful use may
be continued as 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 district in which it is located shall be enlarged,
extended, constructed, reconstructed, moved, or structurally altered
except in changing the use of the structure to a use permitted in
the district in which it is located.
B. Any nonconforming use may be extended throughout any
parts of a building which were manifestly arranged or designed for
such use at the time of the adoption or amendment of this chapter,
but no such use shall be extended to occupy any land outside such
building.
C. If no structural alterations are made, any nonconforming
use of a structure and premises may, as a special exception, be changed
to another nonconforming use provided that the Zoning Board of Adjustment
shall find that the proposed use is equally appropriate or more appropriate
to the district than the existing nonconforming use. In permitting
such change, the Zoning Board of Adjustment may require appropriate
conditions and safeguards in accord with the provisions of this chapter.
D. 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 of the district, and the
nonconforming use may not hereafter be resumed.
E. When a nonconforming use of a structure, or structure
and premises in combination, is discontinued or abandoned for 12 consecutive
months or more (except where government action impedes access to the
premises), the structure, or structure and premises in combination,
shall not thereafter be used except in conformity with the regulations
of the district in which it is located.
F. Where nonconforming use status applies to a structure
and premises in combination, voluntary removal or destruction of the
structure shall eliminate the nonconforming use status of the land.
Destruction for the purpose of this subsection is defined as damage
to an extent of more than 50% of the replacement cost at the time
of removal or destruction.
G. Should such nonconforming use of a structure or nonconforming
portion of a structure covered by this section be damaged or destroyed
by fire or other cause, or its use diminished by eminent domain taking
to the extent of more than 50% of its replacement cost at the time
of the damage, destruction or taking, and a building permit for such
reconstruction, repair or replacement is not applied for within six
months after such event, such structure may not be reconstructed except
in conformity with the provisions of this chapter.
H. This section shall not be deemed to apply to residential lots described in §
165-7B.
Any use which is permitted as a special exception
in a district under the terms of this chapter (other than a change
allowed by Zoning Board of Adjustment action from a nonconforming
use to another nonconforming use not generally permitted in the district)
shall not be deemed a nonconforming use in such district but shall
be considered a conforming use.