If, within the zoning districts established by this Part 1 or amendments subsequently adopted, there exist lots, buildings, structures or uses of land which were lawful prior to enactment of this Part 1 or subsequent amendments and which would not conform to regulations and restrictions under the terms of this Part 1 or amendments thereto or which could not be built or used under this Part 1, such nonconformities may continue to exist subject to the regulations contained in this article.
A.
In any district, principal uses and customary accessory
buildings, where permitted, may be erected on any nonconforming lot,
provided that all of the following conditions are met:
B.
Any lot reduced in area or yard dimension failing
to conform to the requirements of this Part 1, by reason of a realignment
or dedication of any public road or by reason of a condemnation proceeding,
shall be a nonconforming lot. This provision shall not apply to roads
created as part of a subdivision.
C.
For lots existing as of December 5, 1957, the following
shall apply: in any district where dwellings are permitted, a single-family
dwelling may be located on any nonconforming lot or plot of official
record as of December 5, 1957, irrespective of its area or width or
the width of the road on which it fronts, subject to the following
requirements:
(1)
The sum of the side yard widths of any such lot or
plot shall be 30% of the width of the lot, but in no case shall any
1 side yard be less than 10% of the width of the lot.
(2)
The depth of the rear yard of any such lot shall be
20% of the depth of the lot, but in no case shall it be less than
10 feet.
D.
In case the right-of-way of the road on which the
lot fronts is less than 50 feet wide, the depth of the front yard
shall be the setback requirement for the district plus 25 feet and
shall be measured from the center line of the road.
Nonconforming buildings, structures or uses
may be continued, subject to the following provisions:
A.
No nonconforming use shall be changed to a use not
permitted by this Part 1 in the particular district in which the building
or structure is located, except:
(1)
If no structural alterations are made, a nonconforming
use of a building may be changed to a similar use of the same or lesser
intensity.
(2)
Whenever a nonconforming use has been changed to a
less intensive use, such use shall not thereafter revert to a more
intensive use.
(3)
When authorized by the Board, 1 nonconforming use
may be substituted for another nonconforming use.
B.
Any residential use may be continued and may be enlarged
without increasing the number of dwelling units therein, provided
that no such addition shall extend closer to any lot line than existing
building surfaces or the required yard dimensions for the district,
whichever is less.
C.
Residential uses, when located in an industrial district
may be enlarged or replaced, provided that at no time is the square
footage of the residential use at the time of the creation of the
nonconformity increased by more than 50%. Expansion is permitted,
provided that no such addition shall extend closer to any lot line
than existing building surfaces or the required yard dimensions set
out in the R4 Design Standards, whichever is less.
[Amended by Bill No. 09-31]
D.
In the event that a nonconforming use ceases for a
period of 1 year or more, then the nonconforming use shall be deemed
abandoned, and compliance with this Part 1 shall be required. The
casual, temporary or illegal use of land or structure does not establish
the existence of a nonconforming use.
E.
Any nonconforming building or structure is subject
to the following regulations in the event of damage:
(1)
Any nonresidential nonconforming building or structure
that is damaged by less than 50% of its market value may be reconstructed
to its former dimensions on the same lot and with the same nonconforming
use.
(2)
Any residential nonconforming building or structure
that is damaged or destroyed may be reconstructed to its former dimension
on the same lot and with the same nonconforming use.
(3)
In the event that the nonconforming residential unit
is located on a leased lot, or if the residential unit creates a nonconforming
density on the lot, replacing the residential unit with any dwelling
unit, including another mobile home, is prohibited, with the exception
of tenant housing.
(4)
Nothing in these regulations shall prevent the strengthening
or restoring to a safe condition of any building or structure declared
to be unsafe.
F.
An accessory structure located on a residential lot
or agricultural parcel shall be considered a nonconforming structure
subject to the provisions of this article if it meets the following
conditions:
The Board may authorize the extension or enlargement
of a nonconforming use, with or without conditions, provided that:
A.
The proposed extension or enlargement does not change
to a less-restricted and more-intense use.
B.
The enlargement or extension does not exceed 50% of
the gross square footage in use at the time of the creation of the
nonconformity.
C.
The enlargement or extension does not violate the
height or coverage regulations for the district.
D.
The enlargement or extension would not adversely affect
adjacent properties, traffic patterns or the surrounding neighborhood.
