[Ord. 168, 7/10/1978, § 501]
1.
Within the districts established by this chapter or
amendments that may later be adopted there exist lots, structures
and uses of land and structures which were legal before this chapter
was passed or amended, but which would be prohibited, regulated or
restricted under the terms of this chapter or future amendment.
2.
It is the intent of this chapter to permit these nonconformities
to continue until they are removed, but not to encourage their survival.
Such uses are declared by this chapter to be incompatible with the
permitted uses of the districts involved.
3.
To avoid undue hardship, nothing in this chapter shall
be deemed to require a change in the plans, construction or designated
uses of any building on which actual construction was legally begun
prior to the effective date of adoption or amendment of this chapter
and upon which actual building construction has been diligently carried
on.
[Ord. 168, 7/10/1978, § 502; as amended by Ord. 260, 3/11/1996, § 27-502]
All nonconforming structures and uses shall be registered with the Zoning Officer in compliance with § 27-804 of this chapter.
[Ord. 168, 7/10/1978, § 503]
Any lot of record existing at the effective
date of this chapter and held in separate ownership and not with ownership
of adjoining lots or continuous frontage with other lots in same ownership,
provided said lot was not created in violation of prior existing zoning
ordinances and regulations, may be used for the erection of a structure
conforming to the use regulations of the district in which it is located,
even though its area and width are less than the minimum requirements
of this chapter.
[Ord. 168, 7/10/1978, § 504]
1.
Where, at the effective date of adoption or amendment
of this chapter, legal use of land exists that is made no longer permissible
under the terms of this chapter as enacted or amended, such use may
be continued, so long as it remains otherwise legal, subject to the
following provisions:
A.
No such nonconforming use shall be enlarged or increased,
nor extended to occupy a greater area of land than was occupied at
the effective date of adoption or amendment of this chapter.
B.
No such nonconforming use shall be moved in whole
or in part to any other portion of the lot or parcel occupied by such
use at the effective date of adoption or amendment of this chapter.
C.
Such nonconforming use must terminate at the expiration
of three years, at which time the land must conform to the provisions
of this chapter, if the land is capable of being made to conform.
D.
All special regulations under Part 4 of this chapter shall be applicable to both conforming and nonconforming uses, and all uses shall comply therewith.
E.
If any such nonconforming use of land ceases for any
reason for a period of more than 12 consecutive months, any subsequent
use of such land shall conform to the regulations specified by this
chapter for the district in which such land is located.
[Ord. 168, 7/10/1978, § 505]
1.
Where a legal structure exists at the effective date
of adoption or amendment of this chapter that could not be built under
the terms of this chapter by reason of restrictions on area, lot coverage,
height, yards or other characteristics of the structure or its location
on the lot, such structure may be continued so long as it remains
otherwise legal, subject to the following provisions:
A.
No such structure may be enlarged or altered in a
way which increases its nonconformity.
B.
Should such structure be destroyed by any means to
an extent of more than 60% of its replacement cost at the time of
destruction, it shall not be reconstructed excepted in conformity
with the provisions of this chapter.
C.
Should such structure be moved for any reason for
any distance whatever, it shall thereafter conform to the regulations
for the district in which it is located, after it is moved.
[Ord. 168, 7/10/1978, § 506]
1.
If a legal use of a structure, or of structure and
premises in combination, exists at the effective date of adoption
or amendment of this chapter that would not be allowed in the district
under the terms of this chapter, the legal use may be continued so
long as it remains otherwise legal, subject to the following provisions:
A.
No existing 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 structurally altered
except in changing the use of the structure to a use permitted in
the district in which it is located.
B.
Any nonconforming use may be extended throughout any
parts of a building which were manifestly arranged or designed for
such use at the time of adoption or amendment of this chapter, but
no such use shall be extended to occupy any land outside such building.
C.
Any structure, or structure and land in combination,
in or on which a nonconforming use is superseded by a permitted use
shall thereafter conform to the regulations for the district in which
such structure is located, and the nonconforming use may not thereafter
be resumed.
D.
When a nonconforming use of a structure, or structure
and premises in combination, is discontinued or abandoned, or for
any other reason, for 12 consecutive months or for 18 months during
any three-year period, the structure, or structure and premises in
combination, such nonconforming use shall cease and shall not thereafter
be used except in conformance with the regulations of the district
in which it is located.
E.
Where nonconforming use status applies to a structure
and premises in combination, removal or destruction of the structure
by fire, flood, explosion or other casualty shall eliminate the nonconforming
status of the land.
[Ord. 168, 7/10/1978, § 507]
1.
On any building devoted in whole or in part to any
nonconforming use, work may be done in any period of 12 consecutive
months on ordinary repairs, or on repair or replacement of non-bearing
walls, fixtures, wiring or plumbing to an extent not exceeding 10%
of the current replacement value of the building; provided, that the
cubic content of the building as it existed at the time of passage
or amendment of this chapter shall not be increased.
2.
Nothing in this chapter shall be deemed to prevent
the strengthening or restoring to a safe condition of any building
or part thereof declared to be unsafe by any official charged with
protecting the public safety, upon order of such official.
[Ord. 168, 7/10/1978, § 508]
1.
Notwithstanding the provisions above, the following
special regulations shall apply to nonconforming residences located
in any residential district:
A.
An existing residence may be extended to the rear,
without requiring a variance, in spite of an existing side yard encroachment;
provided, the side yard encroachment is not increased.
B.
An existing residence which is totally or partially
destroyed rebuilt on the same foundation and to the pre-existing dimensions
even though there may be nonconforming uses relating to yard area,
lot area or first floor area requirements.
