As used in this article, the following terms
shall have the meanings indicated:
A structure or lot that does not conform to a dimensional
regulation prescribed by this chapter for the district in which it
is located or to regulations for signs, off-street parking, off-street
loading or accessory buildings, but which structure or lot was in
existence at the effective date of this chapter and was lawful at
the time it was established.
A use of a building or lot that does not conform to a use
regulation prescribed by this chapter for the district in which it
is located, but which was in existence at the effective date of this
chapter and was lawful at the time it was established.
A.
Within the districts established by this chapter,
or amendments that may later be adopted, there exist lots, structures,
uses of land and structures, and characteristics of use which were
lawful before this chapter was passed or amended but which would be
prohibited, regulated, or restricted under the terms of this chapter
or future amendment. It is the intent of this chapter to permit these
nonconformities to continue until they are removed, but not to encourage
their survival. It is further the intent of this chapter that nonconformities
shall not be enlarged upon, expanded or extended or be used as grounds
for adding other structures or uses prohibited elsewhere in the same
district.
B.
Nonconforming uses are declared by this chapter to
be incompatible with permitted uses in the districts involved. A nonconforming
use of a structure and land in combination shall not be extended or
enlarged after passage of this chapter by attachment on a building
or premises of additional signs intended to be seen from off the premises
or by the addition of other uses the nature of which would be prohibited
generally in the district involved.
C.
To avoid undue hardship, nothing in this chapter shall
be deemed to require a change in the plans, construction or designated
use of any parcel of land on which actual or constructive construction
was lawfully begun prior to the effective date of adoption of this
chapter. "Constructive construction" is hereby defined to include
all proposed construction for which a zoning permit has been obtained
from the Town of Brutus. "Actual construction" is hereby defined to
include the placing of construction materials in a permanent position
and fastened in a permanent manner. Where excavation or demolition
or removal of an existing building has been substantially begun preparatory
to rebuilding, such excavation or demolition or removal shall be deemed
to be actual construction, provided that work shall be carried on
diligently and a zoning permit for such work has been obtained from
the Town of Brutus.
D.
If the work described in any zoning permit hereinabove
included under the definition of constructive construction has not
begun within 90 days from the date of adoption or amendment of this
chapter, then said permit shall expire, and said proposed construction
shall require the issuance of a new zoning permit.
E.
If the work described in any zoning permit hereinabove
included under the definition of constructive construction or any
work of whatever nature proposed or desired where actual construction
began prior to the effective date of this chapter has not been substantially
completed within 24 months of the effective date of adoption of this
chapter, any and all further work shall cease, and a new zoning permit
shall be required as hereinafter provided.
In any district in which single-family dwellings
are permitted, a single-family dwelling and customary accessory buildings
may be erected in any single lot of record or a lot or parcel described
by metes and bounds or a lot in an unrecorded plat which was the subject
of a contract to purchase or article of agreement executed prior to
the effective date of this chapter, notwithstanding limitations imposed
by other provisions of this chapter. This provision shall apply even
though such lot fails to meet the requirements of area or width, or
both, that are generally applicable in the district. Variance of yard
requirements shall be obtained only through action of the Zoning Board
of Appeals. A nonconforming single-family residence may be enlarged
or extended, provided that the dimensional nonconformance is not increased
thereby.
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, and where such use involves no individual
structure with a replacement cost exceeding $1,000, the use may be
continued so 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 at
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 at the effective date of adoption or amendment of this
chapter.
C.
If any nonconforming use of land ceases for any reason
for a period of more than 60 days, any subsequent use of such land
shall conform to the regulations specified by this chapter for the
district in which such land is located.
D.
No additional structure not conforming to the requirements
of this chapter shall be erected in connection with such nonconforming
use of land.
Where a lawful structure exists at 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 of area,
lot coverage, height, yards, its location on the lot or other requirements
concerning the structure, such structure may be continued so 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 structure be destroyed by any means to an extent of more
than 75% of its replacement cost at the time of destruction, it shall
not be reconstructed except to the exact or more conforming dimensions
as it existed on the date of its destruction, which reconstruction
shall be commenced and completed with due diligence; provided, however,
that if and when the principal place of residence of a citizen of
the Town of Brutus is destroyed by accidental fire, hurricane, tornado
or other act of God, said homeowner may rebuild said residence to
the original type and size of the structure, or said homeowner or
mobile home owner may rebuild or replace with a superior type of construction.
This applies only to property occupied by the homeowner at the time
of the disaster.
C.
Should such structure be moved for any reason to any
district whatever, it shall thereafter conform to the regulations
for the district in which it is located after it is moved.
If lawful use involving individual structures
with a replacement cost of $1,000 or more, or of structures and premises
in combination, exists at 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 so 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 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 or structure and premises may, as a special exception,
be changed to another nonconforming use which is equally appropriate
or more appropriate to the district than the existing nonconforming
use. In permitting such change, the Zoning Board of Appeals 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 was partially superseded by a permitted
use shall thereafter conform to the regulations for the district,
and the nonconforming use may not thereafter be resumed.
E.
When a nonconforming use of a structure, or structure
and premises in combination, is discontinued or abandoned for six
consecutive months during any three-year period (except when 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, removal or destruction of the structure
shall eliminate the nonconforming status of the land. Destruction
for the purpose of this subsection is defined as damage to an extent
of more than 75% of the replacement cost at the time of destruction.
A.
On any nonconforming structure or portion of a structure
containing a nonconforming use, work may be done in any period of
12 consecutive months on ordinary repairs or on repair or replacement
of nonbearing walls, fixtures, wiring or plumbing to an extent not
exceeding 25% of the current replacement cost of the nonconforming
structure or nonconforming portion of the structure, as the case may
be, provided that the cubic content existing when it became nonconforming
shall not be increased.
B.
If a nonconforming structure or portion of a structure
containing a nonconforming use becomes physically unsafe or unlawful
due to the lack of repairs and maintenance and is declared by any
duly authorized official to be unsafe or unlawful by reason of physical
condition, it shall not thereafter be restored, repaired or rebuilt
except in conformity with the regulations of the district in which
it is located.
C.
Nothing in this chapter shall be deemed to prevent
the strengthening or restoring to a safe condition of any building
or part thereof declared to be unsafe by any official charged with
protecting the public safety, upon order of such official.
Once changed to a conforming use, no structure
or premises shall be permitted to revert to a nonconforming use. A
nonconforming use may be changed to another nonconforming use only
under the following conditions:
Any use which is permitted as a special permit
use in a district under the terms of this chapter (other than a change
through the Zoning Board of Appeals action from a nonconforming use
to another use not generally permitted in the district) shall not
be deemed a nonconforming use in such district, but shall without
further action be considered a conforming use.
No nonconforming use shall extend to displace
a conforming use.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
district of different classification, the foregoing provisions shall
also apply to any nonconforming uses or structures existing there.
