Any use of land or structures, or any lot or structure which
lawfully existed at the effective date of adoption or amendment of
this chapter which would not be permitted or permissible by the provisions
of this chapter as adopted or amended, shall be deemed nonconforming.
It is the intent of this chapter to permit such nonconformities to
continue, subject to certain restrictions.
If a nonconforming use or structure is discontinued for a period
of 12 consecutive months, any future use of the land or structure
shall conform to the provisions of this chapter.
Where at the effective date of adoption or amendment of this
chapter a use of land exists which would not be allowed as a permitted
or conditional use in the district in which it is located, such use
may be continued, subject to the following restrictions:
A.
Such use shall not be enlarged, increased, nor extended to occupy
a greater area of the lot than was occupied at the effective date
of adoption or amendment of this chapter.
B.
Such use shall not be moved in whole or part to any other portion
of the lot other than the portion occupied by such use at the effective
date of adoption or amendment of this chapter.
C.
When such use is discontinued or abandoned for a period of more than
12 consecutive months for any reason whatever, or when such use is
replaced by a use allowed as a permitted or conditional use, a nonconforming
use shall not thereafter be resumed.
D.
No additional structure in connection with such use shall be erected.
Where at the effective date of adoption or amendment of this
chapter the use of a structure exists which would not be allowed as
a permitted or conditional use in the district in which it is located,
such use may be continued subject to the following restrictions:
A.
No existing structure devoted to a use not permitted or permissible
shall be enlarged, extended, constructed, reconstructed, moved, or
structurally altered except in changing the use of the structure to
a use that is a permitted or conditional use 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 effective
date of adoption or amendment of this chapter. Any nonconforming use
that occupied a portion of a building not originally designed or intended
for such use shall not be extended to any part of the building. No
nonconforming use shall be extended to occupy any land outside the
building, nor any other building not used for such nonconforming use.
C.
There may be a change in tenancy, ownership, or management of a nonconforming
use, provided there is no change in the nature or character of such
nonconforming use.
D.
When such use of a structure is discontinued or abandoned for a period
of more than 12 consecutive months for any reason whatever, or when
such use is replaced by a permitted or conditional use, a nonconforming
use shall not thereafter be resumed.
E.
If such structure is destroyed or damaged due to violent wind, vandalism,
fire, flood, ice, snow, mold, or infestation, the structure may be
restored to the size and use that it had immediately before the damage
or destruction occurred or to a larger size if necessary for the structure
to comply with applicable state or federal requirements.
Where at the effective date of adoption or amendment of this
chapter a structure exists which could not be erected in the district
in which it is located by reason of restriction on area or coverage,
height, yards, its location on the lot or other requirements concerning
the structure, such structure may continue in existence subject to
the following restrictions:
A.
Any new expansion, enlargement, reconstruction, or structural alteration
shall comply with all the provisions of this chapter.
B.
Such structure shall not be moved unless in complies with all the
provisions of this chapter.
C.
If such structure is destroyed or damaged due to violent wind, vandalism,
fire, flood, ice, snow, mold, or infestation, the structure may be
restored to the size and use that it had immediately before the damage
or destruction occurred or to a larger size if necessary for the structure
to comply with applicable state or federal requirements.
If characteristics of use such as lighting, parking, noise or
other matters pertaining to the use of land, structures and premises
are made nonconforming by the provisions of this chapter as adopted
or amended, no change shall thereafter be made in such characteristics
of use which increases the nonconformity; provided, however, that
changes may be made which do not increase, or which decrease, such
nonconformity.
A.
In any district, any permitted or permissible structure may be erected
on a single lot of record at the effective date of adoption or amendment
of this chapter. This provision shall apply even though such lot fails
to meet the requirements of lot area, lot width, or both for the district
in which it is located, provided such lot shall be in separate ownership
and not of continuous frontage with other lots in the same ownership,
and provided all other requirements for the district are met.
B.
If two or more lots, or combinations of lots and portions of lots
with continuous frontage in single ownership are of record at the
effective date of adoption or amendment of this chapter, the lands
involved shall be considered to be in individual parcel for the purposes
of this chapter, and no portion of such parcel shall be used, divided,
or sold which does not meet the lot area and lot width requirements
for the district in which it is located.[1]
The casual, temporary, or illegal use of land or structures,
or land and structures in combination, shall not be sufficient to
establish the existence of a nonconforming use or to create rights
in the continuance of such use.
Nothing in this chapter shall be deemed to prevent normal maintenance
or repair of any structure or to prevent restoring to a safe condition
any structure declared to be unsafe.
