A.
If within the districts established by this chapter
or subsequent amendment there exist certain nonconformities which
were lawful before this chapter was adopted or amended but which would
be prohibited, regulated or restricted under the terms of this chapter,
it is the intent of this chapter to permit these nonconformities to
continue until they are removed but not to encourage their survival.
B.
To avoid undue hardship, nothing in this chapter shall
be deemed to require a change in the plans, construction or designated
use of any building on which actual construction was lawfully begun
prior to the effective date of adoption or amendment of this chapter
and upon which actual building construction has been carried on diligently.
C.
All dwellings which were existing at the time this
chapter was adopted or amended, no matter in what zoning district
they are located, shall be considered a permitted use in that district.
[Amended 3-8-1993 by Ord. No. 2-93]
In any district in which single-family dwellings
are permitted, a single-family dwelling and customary accessory buildings
may be erected on any single lot of record at the effective date of
adoption or amendment of this chapter, notwithstanding limitations
imposed by other provisions of this chapter. This provision shall
apply even though the lot fails to meet the requirements for lot area
or lot width that are generally applicable in the district, provided
that yard, height and all other requirements shall conform to the
regulations for the district in which the lot is located. No portion
of said parcel shall be used or transferred in any manner which diminishes
compliance with lot width and area requirements established by this
chapter, nor shall any division of any parcel be made which creates
a lot width or area below the requirements stated in this chapter.
If at the time of adoption of this chapter a
lawful use of land exists which would not be permitted by the regulations
imposed by this chapter, and where the use involves no individual
structure with a replacement cost exceeding $1,000, the use may be
continued so long as it remains otherwise lawful, subject to the following
provisions:
A.
No such nonconforming use shall be enlarged in either
area of land occupied or scope of use provided on 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 portion of the lot other than that area occupied
by the use on 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 12 consecutive months, any subsequent
use of the land shall conform to the regulations of the district in
which the land is located. The Board of Appeals may, by granting a
special exception, extend this time period to 24 consecutive months
where a specific case warrants such action.
D.
No additional structure not conforming to the requirements
of this chapter shall be erected in connection with any nonconforming
use of land.
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, its location on the lot or other requirements
concerning the structure, the structure may be continued so long as
it remains otherwise lawful, subject to the following provisions:
A.
No such nonconforming structure may be enlarged or
altered in a way which increases its nonconformity.
B.
Should any nonconforming structure be moved for any
distance whatever, it shall thereafter conform to the regulations
for the district in which it is moved.
C.
Any nonconforming structure which has been involuntarily
damaged or destroyed may be rebuilt at the same location and occupied
for the same use as before the damage, provided that the reconstructed
structure shall not be larger than the damaged structure, and the
reconstruction shall start within one year from the time of damage
to the structure.
[Amended 12-12-1983 by Ord. No. 13-83]
If lawful use involving individual structures
with a replacement cost of $1,000 or more, or of structures 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.
The Board of Appeals may permit a nonconforming structure
or use to expand on its lot subject to the setback regulations of
the zoning district, provided that the expansion of a nonconforming
structure or use shall be limited to the lot limits which existed
on the property in question at the time of adoption of this chapter.
In permitting any expansion, the Board may require appropriate conditions
and safeguards in accordance with the provisions of this chapter.
Any expansion to existing attached dwellings, where considered a nonconforming
use or structure:
(1)
Shall not extend to a depth of 14 feet from the original
dwelling;
(2)
Shall not exceed one story in height;
(3)
Shall have two side yards with a minimum width of
three feet each, except that one side of said expansion may be built
along the adjoining attached dwelling unit or the property line of
the adjoining attached dwelling unit, provided that a fire wall is
constructed along said property line or adjacent dwelling unit;
(4)
Shall be within the boundary of the existing lot;
and
(5)
Shall be attached to the rear of the original building
only.
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.
C.
If no structural alterations are made, any nonconforming
use of a structure or structure and premises may be changed to any
other nonconforming use if the Board of Appeals shall, in granting
a special exception, find that the proposed nonconforming use is not
more detrimental to the district than the existing nonconforming use.
In permitting this change, the board may require appropriate conditions
and safeguards in accord with the provisions of this chapter.
D.
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, and
the nonconforming use may not thereafter be resumed.
E.
When a nonconforming use of a structure, or structure
and premises in combination, is discontinued or abandoned for 12 consecutive
months (except when government action impedes access to the premises),
the structure, or structure and premises in combination, shall not
thereafter be used except in conformity with the regulations of the
district in which it is located. The Board of Appeals may, by granting
a special exception, extend this time period to 24 consecutive months
where a specific case warrants such action.
Nothing in this chapter shall prohibit any repairs,
maintenance or remodeling of any nonconforming building or structure,
provided that such does not make the building or structure more nonconforming
in terms of the regulations of this chapter. Further, 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 the official.
Any use which is permitted as a special exception
in a district under the terms of this chapter (other than a change
through the Board of Appeals action from a nonconforming use to another
use not generally permitted in the district) shall not be deemed a
nonconforming use in that district but shall without further action
be considered a conforming use.
A.
All nonconforming uses and nonconforming structures
in existence on the effective date of this chapter shall be registered
by the Zoning Administrator within one year from the effective date.
If, by amendment, a use or structure which was lawfully in existence
prior to the effective date of said amendment becomes by operation
of that amendment a nonconforming use or structure, that nonconforming
use or structure shall be registered by the Zoning Administrator within
one year from the effective date of the amendment. Any nonconforming
use or nonconforming structure not registered within the one-year
period shall be deemed to be discontinued at the expiration of the
one-year period for the purposes of this chapter.
B.
Registration shall be accomplished by completing a
registration statement in such form as the Zoning Administrator may
prescribe. It shall contain a description of the existing use and
existing structure, a designation of the zoning district and any additional
information as may be required by the Zoning Administrator.
C.
Before permitting registration of any nonconforming
use or nonconforming structure, the Zoning Administrator may, at his
or her discretion, examine or cause to be examined all buildings,
structures, signs or land and portions thereof for which the proposed
registration statement has been filed.
