Any use or structure existing at the time of
the adoption of this chapter or any amendment thereto and which did
not meet the requirements of such chapter or any amendment thereto
at the respective times of adoption may be continued upon the lot
or in the building so occupied, and any such structure may be restored
or repaired in the event of partial destruction thereof. This provision
shall not be construed as authorizing the continuance of any use which
was contrary to zoning regulations at the time of the inception of
such use. Nonconforming uses and structures shall be subject to the
following regulations:
A. Such building shall in no case be enlarged, unless
the use therein is changed to a conforming use; provided, however,
that the provisions of this subsection shall not apply to an existing
residence located in a nonresidential zone wherein residential uses
are prohibited. Such an existing residence may be extended or enlarged,
provided that the yard requirements of the residential zone whose
minimum lot size requirements most closely approximates the area of
the residential lot are met.
B. A nonconforming use shall not be extended at the expense
of a conforming use.
C. A nonconforming use changed to a conforming use may
not thereafter be changed back to a nonconforming use.
D. A nonconforming use shall not be permitted to be changed
to another nonconforming use.
E. In the event that there is a cessation of operation
of any nonconforming use for a period of 12 consecutive calendar months,
the same shall be presumed to be an abandonment of such nonconforming
use. Any subsequent exercise of such abandoned nonconforming use shall
be deemed a violation of the terms of this chapter, except such shall
not apply to a nonconforming use because of height and area violations.
F. A building which is conforming in use, but violates
the yard setback or height requirements, may not be extended within
any required yard or setback area nor extended above the height limits
of this chapter.
Nothing in this chapter shall prevent the restoration
of a nonconforming building partially destroyed by fire, explosion,
act of God or act of public enemy, provided that any building partially
destroyed in the manner aforesaid may be reconstructed and thereafter
used only in such a manner as to not further violate the reasons for
nonconformity. Any building totally destroyed in the manner aforesaid
may only be rebuilt as a conforming use.
Nothing in this chapter shall require any change
in plans, construction or designated use of a building for which a
construction permit has been heretofore issued and construction diligently
prosecuted within 60 days of the date of such permit.
[Added 12-12-2005 by Ord. No. 710]
Where an existing lot, conforming to zoning
as of July 25, 2001, has been made nonconforming as a result of an
amendment to this chapter, a new dwelling unit or addition(s) to existing
dwelling units or accessory buildings may be constructed on such lot,
without an appeal to the Zoning Board of Adjustment, according to
the following schedule:
|
Existing Lot Size
(square feet)
|
---|
Principal Building
|
Up to 20,000 square feet
|
20,000 square feet or more, but less than
40,000 square feet
|
40,000 square feet or more, but less than
81,000 square feet
|
81,000 square feet or more, but less than
130,000 square feet
|
130,000 square feet or more, but less
than 261,360 square feet
|
---|
Minimum lot width at street (feet):
|
60
|
75
|
95
|
135
|
175
|
Minimum yards:
|
|
|
|
|
|
|
Front (feet)
|
50
|
60
|
75
|
100
|
100
|
|
Rear (feet)
|
50
|
75
|
75
|
100
|
100
|
|
Side (feet)
|
15
|
20
|
30
|
35
|
50
|
Combined side yards
|
40%
|
40%
|
40%
|
40%
|
40%
|
Accessory buildings: meets requirements found in § 102-144A
|
[Added 12-12-2005 by Ord. No. 710]
A. Purpose. The purpose of this section is to permit
the subdivision of a severable exception from a farmland preserved
parcel and the construction of the number of residential dwellings
provided in a county-approved farmland preservation program severable
exception without appeal to the Zoning Board of Adjustment. This section
also applies to severable exceptions in farmland preservation applications
pending approval by the Farmland Preservation Program as of the date
of the adoption of this section.
B. Where in the case of a farmland-preserved parcel of land, the area of a severable exception on the parcel does not conform to the minimum lot size required as a result of an amendment to this article, the severable exception may be subdivided from that parcel and a new dwelling unit or units may be constructed in accordance with the severable exception approved by the Farmland Preservation Program, without appeal to the Zoning Board of Adjustment, according to the schedule provided in §
102-175.1 of this article.