[Ord. No. 97-1, 10-14-1997]
A. Within the districts established by this Chapter or by amendments
that may later be adopted, there exist lots, premises, structures,
and uses of land which were lawful before this Chapter was effective
or amended, but which would be prohibited, regulated, or restricted
under the provisions of this Chapter or future amendment. These are
designated as nonconformities.
B. It is the intent of this Chapter to permit these nonconformities
to continue until they are removed (except as otherwise herein provided).
Such nonconformities are declared by this Chapter to be incompatible
with the permitted uses of land and structures in the districts involved.
It is further the intent of this Chapter that such nonconformities
shall not be enlarged upon, expanded, or extended so as to increase
the particular nonconformity, except as provided for herein, nor shall
these be used as grounds for adding other structures or uses prohibited
elsewhere in the same district.
C. A nonconforming use of land, premises, or structure shall not be
enlarged upon, expanded, or extended after the effective date of the
passage of the ordinance enacting these Zoning Regulations.
D. If a nonconforming structure or portion of a structure containing
a nonconforming use becomes physically unsafe or unlawful due to 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.
E. A nonconforming use or a nonconforming building or structure which
is nonconforming only because of failure to provide required off-street
parking spaces or loading berths shall have all the rights of a conforming
use or structure.
[Ord. No. 97-1, 10-14-1997]
A. Where, on the effective date of adoption or amendment of this Chapter,
a lawful use of land exists that is no longer permissible under the
regulations and standards of this Chapter, as adopted, or amended,
such use may be continued so long as it remains otherwise lawful,
subject to the following provisions:
1.
No such nonconforming use of land shall be enlarged, increased,
or extended to occupy a greater area of land than was occupied on
the effective date of adoption or amendment of this Chapter.
2.
No such nonconforming use of land shall be moved in whole or
in part to any other portion of the lot or tract of land occupied
on the effective date of adoption or amendment of this Chapter.
3.
If any such nonconforming use of land ceases for any reason,
other than normal annual interruptions for seasonal uses, for a period
of more than thirty (30) consecutive days, any subsequent use of such
land shall conform to the resolutions and standards set by this Chapter
for the district in which such land is located.
[Ord. No. 97-1, 10-14-1997]
A. Where, on the effective date of adoption or amendment of this Chapter,
a lawful structure exists that could not be built under the regulations
and standards of this Chapter, as adopted or amended, by reasons of
restrictions on lot area, lot coverage, floor area ratio, heights,
yards, spacing between buildings, or other characteristics of the
structure or its location on the lot, such structure may be continued
so as it remains lawful subject to the following provisions:
1.
No such structure may be enlarged or altered except as noted in Article
VI, Section
415.150. On a nonconforming structure, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring, or plumbing, provided that the area of such building or the size of such structure as it existed at the effective date of adoption or amendment of this Chapter shall not be increased.
2.
Should any such structure be moved for any reason for any distance
whatever, it shall thereafter conform to the regulations and standards
for the district in which it is located after it is moved.
3.
Should any structure be destroyed, it shall be permissible to
replace said structure in the same location to the same lot area,
lot coverage, floor area ratios, heights, setback yards, or spacing
between buildings that existed prior, except that offenses to the
zoning district requirements shall not be increased beyond what existed
prior to the destruction of the building.
[Ord. No. 97-1, 10-14-1997]
A. Where, on the effective date of adoption or amendment of this Chapter,
a lawful use of a structure, or a premises, exists that is no longer
permissible under the regulations and standards of this Chapter as
adopted or amended, such use may be continued so long as it remains
otherwise lawful, subject to the following provisions:
1.
No existing building or 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 altered except in
changing the use of such building or structure to a use permitted
in the district in which is it located. On a structure devoted to
a nonconforming use, work may be done on ordinary repairs, or replacement
of walls, fixtures, wiring, or plumbing, provided that the area of
such building or the size of such structure as it existed at the effective
date of adoption or amendment of this Chapter shall not be increased.
2.
Any nonconforming use may be extended throughout any parts of
the building or structure which were manifestly arranged or designed
for such use at the effective date of adoption or amendment of this
Chapter, but no such use shall be extended to occupy land outside
of such building or structure.
3.
If no structural alterations are made, any nonconforming use
of a building or structure, or of any premises, may be changed to
another nonconforming use, provided that the Planning Commission,
either by general rule or by making findings in the specific case,
shall find that the proposed use is equally appropriate or more appropriate
to the district than the existing nonconforming use. In permitting
such changes, the Planning Commission may require appropriate conditions
and safeguards in accord with the provisions of this Chapter.
4.
Any building or structure, or any premises, in or on which a
nonconforming use is superseded by a permitted use, shall thereafter
conform to the regulations and standards of the district in which
such building, structure, or premises is located, and the nonconforming
use shall not be resumed.
5.
When a nonconforming use of a building or structure, or of a premises, is discontinued or abandoned for more than six (6) consecutive months or for more than eighteen (18) months during any three-year period, the building or structure, or the premises, shall not thereafter be used except in conformance with the regulations and standards of the district in which it is located. For those uses considered to be "seasonal businesses" as defined in Article
II, Section
415.090, such nonconforming use shall not be permitted to continue if the building, structure or premises is discontinued or abandoned for more than nine (9) consecutive months or for more than any twenty-seven (27) months during any three-year period.
6.
Where nonconforming use status applies to the use of a building,
removal or destruction of the building or structure shall eliminate
the nonconforming use status, and any use of a new building or structure
must be a use permitted in the district in which it is located.