A.
Purpose. These regulations are enacted for the purposes of governing
nonconformity, regardless of whether it is a use, a structure or a
lot.
B.
Continuation. Except as otherwise specified in this article, any
nonconformity which lawfully existed at the time of passage of the
applicable provisions of this chapter or any prior ordinance or any
amendment thereto may be continued subject to the provisions of this
article.
C.
Construction started prior to enactment of provisions. Any building
or structure for which construction was started prior to the effective
date of this chapter may be completed and used in accordance with
the plans and specifications for the building or structure. However,
a copy of such plans and specifications must be submitted to the Zoning
Enforcement Officer within three months after the effective date of
the chapter or any subsequent amendment, if they have not already
been submitted.
D.
No proposed subdivision of land or revision to existing lot lines
shall create a nonconforming lot.
A.
Changes or modifications.
(1)
A nonconforming use may be changed to a conforming use pursuant to
all applicable provisions of this chapter. When a nonconforming use
has been made conforming, it shall not be made nonconforming again.
(2)
A nonconforming use of a building, structure or land may be changed
to another nonconforming use more nearly conforming to the requirements
of the district in which it is situated. Such change shall require
the approval of the Board of Appeals.
B.
Continuance of existing use. At the time of the effective date of
this chapter or any subsequent amendment, any existing building, structure,
lot or use of land which does not conform to the applicable district
regulations may be continued. However, such continuance shall be subject
to the provisions of this article.
C.
Restoration of nonconforming uses. Any building or structure containing a nonconforming use, which is destroyed by fire or other causes, may be reused, reoccupied and/or reconstructed, provided that application for a building permit is made within six months of the destruction, as provided in Subsection A of this section.
D.
Termination.
(1)
Discontinuance. Any nonconforming use of land, building or structure
which has been discontinued for a period of one year and one day shall
not be reestablished. Any future use of this land, building or structure
shall conform to the regulations of this chapter.
(2)
Cessation. The following nonconforming uses and buildings shall be
discontinued on or before the expiration of the specified period of
time after the effective date of this chapter or any subsequent amendment:
(a)
Open storage yards. Any yard used for the open storage of materials
or equipment shall be removed or altered so as to conform within three
years of the effective date.
Existing buildings may be conforming in use but may not conform
to the height, setback, yard, lot area, lot dimension, land coverage,
off-street parking, loading or similar dimensional requirements of
this chapter.
A.
Alterations and extensions. Alterations and extensions of a legal
nonconforming building or structure, a legal nonconforming use or
a building or structure containing a legal nonconforming use are permitted.
However, such alteration or extension shall comply with the provisions
of this chapter, and it shall not increase the degree of nonconformity
which existed prior to such alteration or extension.
B.
Restoration of nonconforming structures. Any nonconforming building
or structure, or any building or structure containing a nonconforming
use, which is destroyed by fire or damaged by other natural causes,
may be reused, reoccupied and/or reconstructed, provided that application
for a building permit is made within six months of the destruction
and the footprint of the new building or structure does not exceed
the size of the previously-existing building or structure.
C.
Discontinuance. A nonconforming structure that has been demolished
or moved shall not be rebuilt or relocated in any way other than in
full conformance with the provisions of this chapter.
A.
Undersized lots. Except as otherwise provided in this chapter, there
shall be but one dwelling constructed on any one lot in any district
where residential is a permitted use, provided that the following
conditions exist.
(1)
Availability of adjacent vacant land. No structure shall be erected
on any nonconforming lot if the owner of said lot owns any adjoining
vacant land which would create a conforming lot if said vacant land
were combined with the lot deficient in area.
(2)
Side yards. No structure shall be constructed on a nonconforming
lot unless it has a minimum side yard of six feet, or a minimum side
yard of 25 feet where adjacent to any street.
(3)
Front and rear yards. No structure shall be constructed on a nonconforming
lot unless it shall have front and rear yards conforming to the minimum
required for the district in which said lot is located.
B.
Reduction of required area or space. The area or dimension of any
lot, yard, parking area or other space shall not be reduced to less
than the minimum required by this chapter, except as provided in this
chapter; and if already less than the minimum required by this chapter,
said area or dimension may be continued but shall not be further reduced.
