Except as otherwise provided in this article, any lot, use,
building or structure existing at the time of enactment of this chapter
may be continued subject to the limitations described in this article,
although it is not in conformity with the regulations specified by
this chapter for the district in which it is located or otherwise
applicable.
All nonconforming uses and signs when discontinued for a period
of one year or nonconforming buildings, structures or signs, when
damaged or deteriorated to an extent of 50% or more of replacement
costs or damages or deteriorated to an extent less than 50% and where
repair has not started within six months and repair completed within
one year, shall not be continued, repaired or reconstructed. Vacating
of premises or buildings or nonoperative status of such premises,
buildings, structures or signs shall be conclusive evidence of discontinued
use.
A.
Any nonconforming use may be expanded or altered through the approval
of a special exception, provided that the applicant has met his/her
burden of proof that the proposed use meets all applicable regulations
contained within this chapter and specifically as follows:
(1)
Applicant shall furnish conclusive evidence that establishes that
the nonconforming use of the property existed as of the adoption of
this chapter or amendment thereto creating the nonconforming condition.
(2)
Expansion of the nonconformity shall be confined to the lot on which
it was located on the effective date of the Zoning Ordinance or any
amendment thereto creating the nonconformity.
(3)
The total of all such expansions or alterations of use shall not
exceed an additional 40% of the area of those buildings or structures
devoted to the nonconforming uses as they existed on the date on which
such buildings or structures first became nonconformities. The applicant
shall furnish conclusive evidence as to the extent of the nonconformity
when it was created.
(4)
Provision for vehicular access, off-street parking and off-street
loading shall be consistent with standards required by this chapter.
(5)
Provision for yards, building height and building area shall be consistent
with the standards required for permitted uses in the district in
which the nonconformity in question is located.
(6)
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes, but is not limited
to, fences, walls, plantings and open spaces. Native plant material
shall be used and shall be mixed to include evergreen and deciduous
trees, plants, ground cover, annuals and perennials.
(7)
The expansion shall not create new dimensional nonconformities or
further increase existing dimensional nonconformities.
(8)
No expansion of a nonconforming structure or a nonconforming use
located outside of a structure existing on the effective date of this
chapter shall be permitted in the floodplain.
B.
Nonconforming signs:
(1)
May not be expanded.
(2)
A nonconforming sign for a business that has ceased may be replaced
by a new business with a like sized and dimensioned sign if replaced
within 60 days of the removal of the nonconforming sign.
(3)
If damaged, the sign may continue if no more than 50% of the sign
is damaged and the sign is fully repaired within 90 days, otherwise
full compliance with the requirements of this chapter is required.
C.
Any dimensional nonconformity may be reduced by permitted use, even
if the reduction does not entirely eliminate the dimensional nonconformity.
Except as provided otherwise in this chapter, no extension or enlargement
of a dimensional nonconformity shall be permitted.
D.
A mobile home in a nonconforming mobile home cluster may be replaced
with a mobile home unit that is 120% of the size of the existing unit.
A nonconforming structure that is partially damaged or entirely
destroyed by natural or accidental causes not related to demolition
or neglect may be rebuilt and occupied for the same use as before
the damage, provided:
A.
The reconstructed structure shall not increase any dimensional nonconformity.
B.
The reconstruction shall start within six months from the time of
damage to the structure and be completed within one year from the
time of damage to the structure.
C.
The Zoning Officer may extend the time requirements for a single
period not to exceed six months upon the applicant's demonstration
of extraordinary circumstances requiring the delay of either the start
or completion of reconstruction.
If a nonconforming structure or building or portion thereof
containing a nonconforming use becomes physically unsafe or unlawful
due to lack of repairs or 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.
It is the express intent and purpose of this chapter that if
a building, structure, sign or land was expanded or extended to the
limits of expansion for a nonconforming building, structure, sign
or use of land as authorized by a prior zoning regulation or ordinance,
no further expansion of said building, structure, sign or land shall
be authorized. In the event a nonconforming building, structure, sign
or use of land was expanded to a portion of the limits of expansion
authorized by a prior zoning regulation or ordinance, additional expansion,
if permitted by this chapter, shall only be authorized to the amount
of expansion not previously utilized pursuant to said prior zoning
regulation or ordinance.
A.
Except as provided in Subsection B below, in any district any lot of record existing in single and separate ownership on the effective date of this chapter may be used for the construction of a building or structure conforming to the use regulations of the district. This provision shall apply even though such lot fails to meet all of the lot area and lot width requirements in the district in which the lot is located.
B.
If two or more abutting or adjoining lots in single ownership are
of record as of the effective date of this chapter and one or more
of the lots does not meet the requirements established for lot width
and/or area for the district in which the lots are located, by operation
of the doctrine of merger the lots shall be considered an undivided
and integrated parcel for the purposes of this chapter.
Any use that is permitted by variance under the terms of this
chapter shall not be deemed a nonconforming use. Any expansion and/or
alteration of such use will require approval of another variance by
the Zoning Hearing Board.
