A.
The lawful nonconforming use of a structure or land,
including but not limited to fences, parking and zoning setbacks,
existing at the time of the adoption or amendment of this chapter
may be continued although the use does not conform to the provisions
of this chapter. However, only that portion of the land in actual
use may be so continued, and the structure may not be extended, enlarged,
reconstructed, substituted, moved or structurally altered except when
required to do so by law or order or so as to comply with the provisions
of this chapter.
B.
If no structural alterations are made, a nonconforming
use of a building may be changed to any use permitted in the same
use district as that in which the use existing is permitted according
to the provisions of this chapter, provided that when a use district
is changed, any existing nonconforming use in such changed district
may be continued or changed to a use permitted in the same use district
as that in which the existing use is permitted, provided that all
other regulations governing the new use are complied with.
C.
Substitution of new equipment may be permitted by
the Zoning Board of Appeals if such equipment will reduce the incompatibility
of the nonconforming use with the neighboring uses.
A.
Termination. If such nonconforming use is discontinued
or terminated for a period of 12 months, any future use of the structure
or land shall conform to the provisions of this chapter.
B.
Building destroyed by fire. Where a building located
in a district restricted against its use has been destroyed by fire
or other calamity to the extent of not more than 50% of its fair market
value, the same may be rebuilt, but where such a building is destroyed
to the extent of more than 50% of its fair market value, a permit
may be granted for its reconstruction within 12 months from the date
of such fire or other calamity, except that any public utility located
in a restricted district shall be permitted to rebuild, alter or enlarge
in any business or industrial district as the interest of the public
demands.
A lawful nonconforming structure existing at
the time of the adoption or amendment of this chapter may be continued
although its size or location does not conform to the lot width, lot
area, yard, height, parking and loading, and access provisions of
this chapter. However, it shall not be extended, enlarged, reconstructed,
moved or structurally altered except when required to do so by law
or order or so as to comply with the provisions of this chapter.
Once a nonconforming use or structure has been
changed to conform, it shall not revert back to a nonconforming use
or structure. Once the Zoning Board of Appeals has permitted the substitution
of a more restrictive nonconforming use for an existing nonconforming
use, the substituted use shall lose its status as a legal nonconforming
use and become subject to all the conditions required by the Zoning
Board of Appeals.
A.
In any residential or commercial district, a single-family
detached dwelling and its accessory structures may be erected on any
vacant legal lot or parcel of record in the County Register of Deeds
office before the effective date or amendment of this chapter, subject
to the following requirements:
(1)
Such use is permitted in the zoning district.
(2)
The lot must be in separate ownership from abutting
lands. If abutting lands and the substandard lot are owned by the
same owner, the substandard lot shall not be sold or used without
full compliance with the area requirements of this chapter.
(3)
All the dimensional requirements of this chapter shall
be complied with insofar as it is practical, as determined by the
Zoning Administrator.
B.
If a parcel of land is occupied by two or more residential
dwelling units at the time of adoption or amendment of this chapter
and if the size of such parcel prevents the creation of conforming
lots for each dwelling unit, then the owner of such parcel may create
a substandard lot for each residential dwelling unit which need not
comply with the lot size requirements of this chapter.
[Amended 8-1-2005 by Ord. No. 1-10]
