It is the purpose of this article to provide for the regulation of legally nonconforming uses, lots of record, and structures, and to specify those circumstances and conditions under which such nonconformities shall be permitted to continue.
A. 
If an existing lot of record on or after the effective date of this chapter is nonconforming, an area variance to waive any lot dimensional requirements is not required in order for a building permit to be secured, provided that such lot does not adjoin other lots in the same ownership.
B. 
All such adjoining lots in the same ownership shall be treated together as one lot when a lot is nonconforming. Undeveloped lots shall be merged; one developed lot and one undeveloped lot shall be merged; two developed lots are not required to be merged.
C. 
New structures may be built on a nonconforming lot that was in legal existence prior to the adoption of this chapter so long as such new buildings or structures comply with all of the dimensional regulations of the district in which it is located.
D. 
Lawfully existing structures located on nonconforming lots may be moved, expanded, enlarged or replaced without an area variance, as long as such change complies with all of the dimensional regulations of the district in which it is located.
A. 
Lawful use of any structure that does not meet the dimensional requirements of this chapter may continue, provided that the structure was in legal existence prior to the adoption of this chapter.
B. 
Any building or structure, for which a valid building permit was lawfully issued prior to the adoption of this chapter may be completed and used in accordance with the plans and specifications for such building or structure.
C. 
Reestablishment of nonconforming structures.
(1) 
Replacement. A nonconforming structure damaged or destroyed by fire, flood, wind or other natural disaster may be rebuilt in the same footprint. Such rebuilding shall require site plan review and special use permit if required per the Use Table in this chapter for all uses except single- and two-unit dwellings. The restoration or rebuilding shall be commenced with a building permit within 12 calendar months of such damage or destruction and be completed within 24 calendar months.
(2) 
Modification. A nonconforming structure shall not be added to or enlarged or altered in any manner, in a way, which increases its nonconformity. All such modifications which increase the nonconformity shall require an area variance from the Zoning Board of Appeals. Additions, enlargements, or alterations that comply with the dimensional requirements are permitted.
A. 
Any nonconforming use that existed lawfully at the time of adoption of this chapter may be continued subject to the following provisions.
(1) 
Expansion.
(a) 
A nonconforming use that existed at the time of adoption of this chapter may be expanded within any portion of the existing structure in which it is located. It shall be prohibited to expand a nonconforming use beyond the area of the existing structure in which the use is located, unless granted a use variance from the Zoning Board of Appeals.
(b) 
A nonconforming use or activity conducted, or operated outside may not be expanded.
(2) 
Change of use. A nonconforming use shall not be changed to any other nonconforming use.
(3) 
Replacement. If a nonconforming use is replaced by another use, such use shall conform to the use regulations in the district in which it is located.
B. 
Destruction and restoration. If any structure in which a nonconforming use is conducted is hereafter damaged, removed, or destroyed by fire, wind, explosion, or other natural cause, to the extent of 75% or less of its fair market value at the time of such damage, application for any reconstruction or restoration of such structure for a building permit to resume the nonconforming use shall be made within one year and the structure for the nonconforming use shall be constructed within one additional year unless the permit is renewed. If the extent of the damage is greater than 75%, a use variance shall be required to reinstate the use.
C. 
Any preexisting legal use that is allowable by special use permit under this chapter, but has not been issued a special use permit, shall be considered a permitted use. The expansion of such a use, other than a single-unit or two-unit dwelling, shall require site plan approval or special use permit, unless such expansion has been permitted by a prior site plan approval or special use permit.
A. 
Whenever a nonconforming use has been discontinued for a period of 12 months, such use shall not thereafter be restarted except as provided in this article. Such use shall not be considered continuous unless there is proof, as provided by the property owner, of active use for at least 60 days within each and every twelve-month period.
B. 
A nonconforming use shall be deemed to have been discontinued if it is changed to a conforming use.
All nonconforming uses and structures shall be maintained and shall not constitute a danger to the health, safety or general welfare of the public.
A. 
Preexisting applications. All applications before the Planning Commission, City Council, Zoning Board, or Department staff that have been deemed complete prior to the adoption of this chapter by the respective boards may proceed in accordance with the rules as they existed prior to the adoption of this chapter.
B. 
Previously approved plans. Nothing in this chapter shall be deemed to require any change to the plans or buildings approved, but that do not have a certificate of occupancy and/or a certificate of completion, prior to the effective date of this chapter, unless plans were approved three or more years ago.