A.
Purpose. This article regulates and limits the continued existence
of uses, structures, and lots established prior to the effective date
of this chapter which do not conform to the regulations of this chapter
applicable in the zoning districts in which such nonconformities are
located.
A.
Continuance. Except as provided in this article, any lawfully existing
nonconforming use located in a structure designed for a use permitted
in the district in which it is located, or not involving the use of
a structure, or involving only a structure which is accessory to a
nonconforming use of land may be continued so long as it remains otherwise
lawful, subject to the regulations contained herein.
B.
Extension or enlargement.
(1)
A nonconforming use existing at the date of adoption of this chapter
may not be extended or enlarged except by special use permit.
(2)
A nonconforming structure or use may not be extended or enlarged
to other structures or land acquired subsequent to the date of adoption
of this chapter.
(3)
No special use permit allowing the extension or enlargement of a
nonconforming use shall be granted by the Planning Board unless the
regulations of this chapter, other than allowed uses for the district
in which said nonconforming use is located, can be complied with.
The Planning Board may impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed use of the
property. Such proposed conditions shall be consistent with the spirit
and intent of this chapter and shall be imposed for the purpose of
minimizing any adverse impact such approval may have on the neighborhood
of the property.
C.
Changes.
(1)
No structure designed for a permitted use and devoted in whole or
in part to a nonconforming use shall be structurally altered unless
the use thereof shall thereafter conform to the use regulations of
the zoning district in which it is located. No such alteration shall
create any new parking, yard or space and bulk nonconformity nor increase
the degree of any existing parking, yard or space and bulk nonconformity
of such structure.
(2)
A nonconforming use of land not involving a structure or involving
only a structure which is accessory to the nonconforming use of land,
or a nonconforming use in a structure designed for a use permitted
in the district in which it is located, shall not be changed to any
use other than a use permitted in the zoning district in which the
structure is located.
(a)
When such a nonconforming use has been changed to a permitted
use, it shall not thereafter be changed back to any nonpermitted use.
For purposes of this subsection, a use shall be deemed to have been
so changed when an existing nonconforming use shall have been terminated
and a permitted use shall have commenced and continued for a period
of seven days. Any change of use in violation of this subsection shall
be deemed to be an abandonment of the lawfully existing nonconforming
use.
D.
Discontinuance.
(1)
When a nonconforming use has been discontinued for a period of six
consecutive months (from a date determined by the Planning Department
or Code Enforcement Officer), such a nonconforming use shall not be
reestablished and any subsequent use of such structure or land shall
be in conformity with the provisions of this chapter for the district
in which such structure or land is located.
(2)
Any period of such discontinuance caused by government action, strikes,
material shortages or acts of God, and without any contributing fault
by the nonconforming user, shall not be considered in calculating
the length of discontinuance for purposes of this section.
E.
Repair and restoration.
(1)
Normal maintenance and incidental repair or replacement, and installation
or relocation of nonbearing walls, nonbearing partitions, fixtures,
wiring or plumbing, may be performed on any structure that is designed
for a permitted use but devoted in whole or in part to a nonconforming
use; provided, however, that this subsection shall not be deemed to
authorize any violation of this section.
(2)
In the event that any structure designed for a permitted use and
devoted in whole or in part to a nonconforming use is damaged or destroyed,
by any means, to the extent of more than 50% of the cost of replacement
of the structure new, such structure shall not be restored unless
the use of such structure shall thereafter conform to the use regulations
of the zoning district in which it is located and unless such restoration
is accomplished without creating any new parking, yard or space and
bulk nonconformity or increasing the degree of any parking, yard or
space and bulk nonconformity existing prior to such damage or destruction.
(3)
Where any such structure is damaged or destroyed by any means not
within the control of the owner thereof to the extent of 50% or less
of the cost of replacement of the structure new, repair or restoration
of such structure may be made; provided, however, that no repairs
or restorations shall be made which would create any new parking,
yard or space and bulk nonconformity or increase the degree of any
parking, yard or space and bulk nonconformity existing prior to such
damage or destruction, nor shall any repairs or restoration except
in conformity with the applicable zoning district regulations be made
unless a building permit is obtained and restoration is actually begun
within one year after the date of such partial damage or destruction
and is diligently pursued to completion.
(a)
Exception for a single-family dwelling. Where a single-family
dwelling is damaged or destroyed by any means not within the control
of the owner thereof to the extent of 100% of the cost of replacement
of the structure new, repair or restoration of such structure may
be made; provided, however, that no repairs or restorations shall
be made which would create any new parking, yard or space and bulk
nonconformity or increase the degree of any parking, yard or space
and bulk nonconformity existing prior to such damage or destruction,
nor shall any repairs or restoration except in conformity with the
applicable zoning district regulations be made unless a building permit
is obtained and restoration is actually begun within one year after
the date of such partial damage or destruction and is diligently pursued
to completion.
A.
Continuance. Any nonconforming structure which is devoted to a use which is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in Subsections B through D of this section and Article VII, § 305-91, Certificate of nonconformity.
B.
Expansion. Any nonconforming structure may be enlarged, maintained,
repaired or altered; provided, however, that no such enlargement,
maintenance, repair or alteration shall either create any additional
nonconformity or increase the degree of the existing nonconformity
of all or any part of such structure.
C.
Additions, alterations, maintenance, and repairs.
(2)
Should a nonconforming structure be moved for any reason, its placement
or use shall thereafter conform to the regulations for the district
into which it is relocated.
(3)
A nonconforming structure is required to be maintained in accordance
with all applicable laws, ordinances, rules and regulations.
D.
Damage or destruction.
(1)
In the event that any part of a nonconforming structure which contributed
to its nonconformity is damaged or destroyed, by any means, to the
extent of more than 75% of the cost of replacement of said part new,
such part shall not be restored unless it shall thereafter conform
to the regulations of the zoning district in which it is located.
(2)
When such a part of a nonconforming structure is damaged or destroyed,
by any means, to the extent of 75% or less of the cost of replacement
of such part new, no repairs or restoration except in conformity with
the applicable zoning district regulations shall be made unless a
building permit is obtained and restoration is actually begun within
one year after the date of such partial destruction and is diligently
pursued to completion.
E.
Moving.
(1)
No nonconforming structure shall be moved in whole or in part, for
any distance whatsoever, to any other location on the same or any
other lot unless the entire structure shall thereafter conform to
the regulations of the zoning district in which it is located after
being moved.
F.
Discontinuance.
(1)
A nonconforming structure, or portion thereof, shall be deemed discontinued
if the structure is vacant for six consecutive months or sooner if
there is a clear manifestation of the intent on the part of the owner
to abandon the nonconforming structure.
(2)
If deemed discontinued, such nonconforming structure shall not be
reestablished, and any subsequent use shall conform with the provisions
of the district in which such structure is located.
A.
General regulations. A lot of record may be considered as complying
with the minimum requirements of this chapter provided that such lot
does not adjoin other land held by the same owner, part of which such
other land could be combined with the nonconforming lot of record
to create a conforming lot without thereby creating a new nonconforming
lot.
A.
Purpose. Nothing in this article shall be deemed to prevent the strengthening
or restoration to a safe condition of a structure in accordance with
an order of a public official who is charged with protecting the public
safety and who declares such structure to be unsafe and orders its
restoration to a safe condition, provided that such restoration is
not otherwise in violation of the various provisions of this article
prohibiting the repair or restoration of partially damaged or destroyed
structures or signs.
A.
Burden of owner to establish legality of nonconformity.
(1)
The burden of establishing that any nonconformity is lawfully existing
under the provisions of this article shall, in all cases, be upon
the owner of such nonconformity and not upon the City.
(2)
The owner of any nonconformity may at any time apply to the Code
Enforcement Officer for a certificate of nonconformity to establish
the legality of nonconformity as of a specified date. Such application
shall contain such information as may be required by the Code Enforcement
Officer as necessary to establish the legality of a particular nonconformity.
(3)
If, upon reviewing an application for a certificate of nonconformity,
the Code Enforcement Officer shall determine that the use, structure
or sign in question was lawfully existing at the time of the adoption
of the provision creating the nonconformity in question and remains
lawfully existing subject only to such nonconformity at the time of
such application, and that any required affidavit is in order, he/she
shall issue a certificate evidencing such facts and setting forth
the nature and extent of the nonconformity and the date, if any, upon
which such nonconformity is required to be terminated; otherwise he/she
shall decline to issue such certificate and shall declare such building,
structure or sign to be in violation of this chapter.
A.
General regulations. Upon a complaint registered with the Code Enforcement
Officer by 50% of the property owners within 200 feet of a nonconforming
use and which is considered to be a general nuisance or a hazard to
the health, safety, welfare and morals or to the uses or structures
adjoining such nonconforming use or uses, the Board of Appeals shall
hold a public hearing and make a finding with respect to the nuisance
or hazardous condition which exists and shall determine the necessity
of terminating such nonconforming use. Such uses shall be terminated
within such reasonable time as shall be determined by the Board of
Appeals as related to the reasonable amortization of the capital investment
in such uses.
