[Amended 12-7-1993 by Ord. No. 93-16]
Generally. A one-family dwelling in a one-family residential zone which is nonconforming by reason of minimum required lot size, minimum required lot width or depth, coverage, height, or yard or setback regulations may be altered or enlarged, provided that any such alteration or enlargement shall not encroach within any required yard or setback, not exceed the applicable height limitation, nor result in an increase in coverage in excess of the permissible coverage limitations; provided, however, that the nature of the use shall not be changed from a one-family residential use, and provided further that any such alteration or enlargement shall itself fully comply with all other applicable zoning regulations for one-family residential uses.
Within the R-AA and R-AAA Zoning Districts. A one-family dwelling in the R-AA and R-AAA Zoning Districts which was rendered nonconforming as to yard or setback requirements by reason of the adoption of this chapter may be altered or enlarged, provided that such alteration or enlargement shall not encroach within the following yard or setback requirements, nor encroach within the required yard or setback requirements specified in § 250-59I hereof beyond that extent of the encroachment of the existing structure prior to such enlargement or alteration, nor exceed the applicable height limitation, nor result in an increase in coverage in excess of the permissible coverage limitations; provided, however, that the nature of the use shall not be changed, and provided further that any such alteration or enlargement shall, itself, comply with all other applicable zoning regulations for one-family residential uses:
An existing building in the central business district whose aggregate floor area exceeds 1.6 times the area of the lot on which it is located or which does not conform with the minimum lot area, lot width, lot depth or yard requirements of this chapter may be altered, renovated, or rehabilitated, and, so long as the aggregate floor area following such alteration, renovation or rehabilitation does not exceed the aggregate floor area as it existed prior thereto, such alteration, renovation or rehabilitation shall not be deemed to be a substantial enlargement of or change in an existing nonconforming use.
No building in the Light Industrial District which, on the effective date of this chapter, is used, in whole or in part, for residential purposes shall be altered so as to provide for occupancy by a larger number of families than the number occupying such building on the effective date of this chapter, nor, so long as any part of such building remains used for residence purposes, shall the use of any part of such building be altered so as to introduce a new use which is prohibited in one-family and multiple-residence districts.
No existing building in any district shall be converted to any different use, notwithstanding that such proposed new use is a permitted use within the district in which the building is located, unless such building complies with all provisions of this chapter and all other codes and ordinances applicable to such proposed use, to the same extent as if such proposed conversion were the construction of a new building, provided that nothing contained herein shall be deemed to prohibit the granting of any variance from any such applicable code or ordinance provisions.
Continuation of use or repair or reconstruction prohibited. A lawful preexisting nonconforming use may not be continued on the lot, nor within a structure so occupied thereon, nor may a lawful preexisting nonconforming structure be restored or repaired in the event of substantial destruction thereof, except as otherwise provided herein.
Definitions. As used herein, the following terms shall have the following meanings:
- PARTIAL DESTRUCTION
- Includes the destruction of a structure to a lesser extent than would constitute substantial destruction as that term is defined herein.
- Includes one or more structures on a lot or adjoining lots which are under common ownership or control and which form an integral part of a common usage such that the inability to restore or repair such structure renders all of the remaining structures unusable for the prior purpose.
- SUBSTANTIAL DESTRUCTION
- Includes the damage or destruction of a structure to the extent which either:
- (1) Renders the remaining portion of the structure, if any, totally uninhabitable or unusable for its prior purpose;
- (2) Required the complete reconstruction of the structure with the exception of the foundation, driveways, paving, drainage and sewer systems and similar site improvements;
- (3) Requires the substantial replacement or repair of the structural members of the structure;
- (4) Prevents the structure from being lawfully reconstructed to its preexisting condition without substantial alterations or additional improvements required by the Uniform Construction Code in order to bring the structure into compliance with said code; or
- (5) Results in damages to the preexisting structure in excess of 50% of the replacement cost.
Exceptions. Notwithstanding the prohibitions set forth in Subsection A above, nothing contained herein shall be construed to prohibit:
The continuation of a lawful preexisting nonconforming use or the repair or restoration of a lawful preexisting nonconforming structure in the event of partial destruction thereof.
The repair or restoration of a lawful preexisting nonconforming structure, provided the use thereof does not violate any provisions of Part 4, Zoning, of this chapter and that such repair or restoration does not increase the degree of nonconformity of the remaining portion of the structure with respect to parking, height, coverage and/or setback regulations.
The repair and restoration of a lawful preexisting nonconforming one-family residential structure, provided the use thereof does not violate any provisions of Part 4, Zoning, of this chapter, and provided that such repair or restoration does not increase the degree of nonconformity of such structure.
New one-family residential structures may be constructed on any lawful preexisting nonconforming lot within the R-AA and R-AAA Zoning Districts as established herein, notwithstanding that such lot is nonconforming as to lot size, width or depth, provided that: