[Ord. No. 9.004 Art. XII §1, 2-22-1972]
A. The
lawful use of land for storage purposes, except for agriculture uses,
or where such use is an adjunct of any structure and advertising signs
and bulletin boards which do not conform to the provisions of this
Chapter should be discontinued within one (1) year from the date of
the approval of a new zoning ordinance, and the lawful use of land
for storage purposes, except for agriculture uses, or where such use
is an adjunct for any structure, and signs and bulletin boards which
become non-conforming by reason of a subsequent change in this Chapter
should also be discontinued within one (1) year from the date of the
change.
B. The
lawful use of a building or structure existing at the time of the
effective date of a new zoning ordinance may be continued, although
such use does not conform to the provisions of this Chapter. If no
structural alterations are made, a non-conforming use of a building
may be changed to another non-conforming use of the same or of a more
restricted classification. Whenever such non-conforming use has been
changed to a more restricted use or to a conforming use, such use
should not thereafter be changed to a less restricted use.
C. Whenever
the lawful use of a building becomes non-conforming through a change
in zoning requirements or district boundaries, such use may be continued
and if no structural alterations are made, may be changed to another
non-conforming use of the same or of a more restricted classification.
Whenever such non-conforming use has been changed to a more restricted
use or to a conforming use, such use should not thereafter be changed
to a less restricted use.
D. A non-conforming
use of a building or structure lawfully existing upon the effective
date of this Chapter may be maintained and may be repaired or altered,
provided that no enlargement of the non-conformance shall be made.
E. A structure
non-conforming as to use, height, yard requirements or lot area per
dwelling unit shall not be added to or enlarged in any manner unless
such structure, including such addition or enlargement, is made to
conform to the use, height, yard and area requirements of the zone
in which it is located.
F. No
non-conforming building or structure shall be moved in whole or in
part to any other location on the lot unless every portion of such
building or structure is made to conform to all the regulations of
the zone in which it is located.
G. Whenever
a non-conforming use of a non-agricultural building or structure,
or part thereof, has been discontinued for a period of twelve (12)
consecutive months, or for a continuous period of eighteen (18) months
if the building was originally designed and constructed for a non-residential
use, such use should not after being discontinued or abandoned, be
re-established, and the use of the premises thereafter should be in
conformity with the regulations of the district.
H. Whenever
a non-conforming use of a non-agricultural building or structure,
or part thereof, has been discontinued for a period of fourteen (14)
consecutive months, such use should not, after being discontinued
or abandoned, be re-established, and the use of the premises thereafter
should be in conformity with the regulations of the district.
I. Where
no enclosed building is involved, discontinuance of a non-conforming
use for a period of six (6) months should constitute abandonment.
J. No
existing non-agricultural building or structure devoted to a use not
permitted in the district in which such building or premises is located,
except when required to do so by law, should not be enlarged, extended,
reconstructed or structurally altered, unless such use is changed
to a use permitted in the district in which such building or structure
is located, provided however, any building containing a residential
non-conforming use may be altered in any way to improve livability
but no structural alteration should be made which would increase the
number of dwelling units therein or the bulk of the building. Any
existing building or structure devoted to a use permitted in the district
in which such building or structure is situated, but failing to comply
with the yard or building setback line requirements of this Chapter,
may be enlarged, extended, reconstructed or structurally altered in
any manner which does not further encroach upon the required open
yard space or building setback line which is not complied with.
K. Any
non-agricultural building or structure containing a non-conforming
use, other than a one-family dwelling use, which is damaged by explosion,
fire, flood, wind or other act of God to the extent of fifty percent
(50%) or more of its fair market value immediately prior to being
damaged should not be repaired or reconstructed except in conformity
with the provisions of this Chapter. In the event that the Mayor's
estimate of the extent of damage or fair market value is not acceptable
to the applicant for the building permit to repair or reconstruct
such building or structure, the applicant may appeal to the Board
of Adjustment. Reconstruction of a non-conforming one-family dwelling
is permissible within the same footprint (length, width, height) as
the dwelling it is replacing. This dwelling will either be a replica,
in appearance, of the structure it is replacing or will architecturally
conform to the adjacent dwellings. All applications for reconstruction
will follow the Infill Development Process.
[Ord. No. 9.098, 12-19-2016]
L. No
non-agricultural building or structure designed or intended to be
utilized for a non-conforming use should be constructed or allowed
unless substantial construction is under way at the time of the enactment
or subsequent amendment of this Chapter and is being diligently prosecuted
so that such building or structure will be completed within eighteen
(18) months from the time of the enactment or subsequent amendment
of a new zoning ordinance. All outstanding building permits for construction
which do not meet these requirements should be rendered null and void
by the enactment or subsequent amendment of this Chapter.
M. When
adjacent lots of record are in single ownership and fronting on the
same street or place, even though such lots are smaller in area and
width than permitted in the use district where located, no building
or structure should be erected or structurally altered on such lots,
except in conformity with the provisions of this Chapter.