A.
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 lawful before this chapter
was passed or amended but which would be prohibited, regulated, or
restricted under the terms of this chapter or future amendment. 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 permitted
uses in the districts involved. It is further the intent of this chapter
that nonconformities shall not be enlarged upon, expanded or extended,
nor be used as grounds for adding other structures or uses prohibited
elsewhere in the same district. A nonconforming use of structure,
a nonconforming use of land, or a nonconforming use of a structure
and land shall not be extended or enlarged after passage of this chapter.
B.
Prior permits. Where a building permit for a building
or structure was issued in accordance with law prior to the effective
date of this chapter, or a future amendment, and provided that construction
is begun within 90 days of such effective date and diligently prosecuted
to completion, said building or structure may be completed in accordance
with the approved plans on the basis of which the building permit
has been issued and, further, may upon completion be occupied under
a zoning certificate by the use for which originally designed.[1]
In any district in which a lot exists of record
at the effective date of adoption or amendment of this chapter which
does not conform in size or area to the provisions of this chapter,
buildings for the uses permitted in such districts may be erected
on such lot, notwithstanding limitations imposed by other provisions
of this chapter, provided that such lot is in separate ownership and
not of continuous frontage with other lots in the same ownership.
Where a lawful 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 lawful, 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 50% of its replacement cost at time of destruction,
it shall not be reconstructed except 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.
If a lawful 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 lawful use may be continued so
long as it remains otherwise lawful, 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 for six
consecutive months, the structure, or structure and premises in combination,
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
shall eliminate the conforming status of the land.
Where, at the effective date of adoption or
amendment of this chapter, lawful uses of land exist that are no longer
permissible under the terms of this chapter as enacted or amended,
such uses may be continued so long as they remain otherwise lawful,
subject to the following provisions:
A.
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.
B.
No such nonconforming use shall be enlarged or increased
or extended to occupy a greater area of land than was occupied at
the effective date of adoption or amendment of this chapter.
C.
If any such nonconforming use of land ceases for any
reason for a period of more than 30 days, any subsequent use of such
land shall conform to the regulations specified by this chapter for
the district in which such land is located.
A nonconforming use of structure, or of a structure
and land in combination, shall not be changed unless changed to a
use permitted in the district in which located; except that the Board
of Adjustment may permit a change to a more restricted nonconforming
use and such change shall be constructed as an abandonment of the
former permitted nonconforming use.
