If, within the zoning districts established by this Part
1 or amendments subsequently adopted, there exist lots, buildings, structures or uses of land which were lawful prior to enactment of this Part
1 or subsequent amendments and which would not conform to regulations and restrictions under the terms of this Part
1 or amendments thereto or which could not be built or used under this Part
1, such nonconformities may continue to exist subject to the regulations contained in this article.
Nonconforming buildings, structures or uses
may be continued, subject to the following provisions:
A. No nonconforming use shall be changed to a use not permitted by this Part
1 in the particular district in which the building or structure is located, except:
(1) If no structural alterations are made, a nonconforming
use of a building may be changed to a similar use of the same or lesser
intensity.
(2) Whenever a nonconforming use has been changed to a
less intensive use, such use shall not thereafter revert to a more
intensive use.
(3) When authorized by the Board, 1 nonconforming use
may be substituted for another nonconforming use.
B. Any residential use may be continued and may be enlarged
without increasing the number of dwelling units therein, provided
that no such addition shall extend closer to any lot line than existing
building surfaces or the required yard dimensions for the district,
whichever is less.
C. Residential uses, when located in an industrial district
may be enlarged or replaced, provided that at no time is the square
footage of the residential use at the time of the creation of the
nonconformity increased by more than 50%. Expansion is permitted,
provided that no such addition shall extend closer to any lot line
than existing building surfaces or the required yard dimensions set
out in the R4 Design Standards, whichever is less.
[Amended by Bill No. 09-31]
D. In the event that a nonconforming use ceases for a period of 1 year or more, then the nonconforming use shall be deemed abandoned, and compliance with this Part
1 shall be required. The casual, temporary or illegal use of land or structure does not establish the existence of a nonconforming use.
E. Any nonconforming building or structure is subject
to the following regulations in the event of damage:
(1) Any nonresidential nonconforming building or structure
that is damaged by less than 50% of its market value may be reconstructed
to its former dimensions on the same lot and with the same nonconforming
use.
(2) Any residential nonconforming building or structure
that is damaged or destroyed may be reconstructed to its former dimension
on the same lot and with the same nonconforming use.
(3) In the event that the nonconforming residential unit
is located on a leased lot, or if the residential unit creates a nonconforming
density on the lot, replacing the residential unit with any dwelling
unit, including another mobile home, is prohibited, with the exception
of tenant housing.
(4) Nothing in these regulations shall prevent the strengthening
or restoring to a safe condition of any building or structure declared
to be unsafe.
F. An accessory structure located on a residential lot
or agricultural parcel shall be considered a nonconforming structure
subject to the provisions of this article if it meets the following
conditions:
(1) The accessory structure was located prior to September
1, 1982.
(2) An approved zoning certificate was not obtained for
the location of such structure.
(3) The accessory structure otherwise conforms to the
requirements of Ordinance No. 6 of 1957.
The Board may authorize the extension or enlargement
of a nonconforming use, with or without conditions, provided that:
A. The proposed extension or enlargement does not change
to a less-restricted and more-intense use.
B. The enlargement or extension does not exceed 50% of
the gross square footage in use at the time of the creation of the
nonconformity.
C. The enlargement or extension does not violate the
height or coverage regulations for the district.
D. The enlargement or extension would not adversely affect
adjacent properties, traffic patterns or the surrounding neighborhood.
E. The limitations, guidelines and standards set forth in §
267-9I (Board of Appeals, Limitations, guides and standards) are considered by the Board.