Any lawful use occupying any building, structure,
lot or land at the time of the effective date of this chapter, or
any amendment thereto, which does not comply, after the effective
date of this chapter or any amendment thereto, with the use regulations
of the district in which it is situated, may be continued in the building
or structure or upon the lot or land so occupied.
A.
A nonconforming use of any building, structure or
land shall not be increased, enlarged, extended or changed in any
manner whatsoever, except to a conforming use.
B.
No building in which a nonconforming use exists shall
be enlarged, extended or structurally altered in any manner; provided,
however, that:
(1)
Nothing herein shall prevent the repair and maintenance
of any building wherein there exists a nonconforming use, provided
that such maintenance and repair do not in any way constitute or result
in a further extension of a nonconforming use.
(2)
Minor alterations and improvements which do not constitute
or require structural changes may be made in or to a building wherein
a nonconforming use exists, provided that such nonconforming use will
not be increased, extended or enlarged thereby.
(3)
Nothing herein shall prevent the strengthening or
restoration to a safe and lawful condition of any part of any building
which is nonconforming.
C.
Structural alterations, internal rearrangements and
renovations may be made in a building or structure which is nonconforming
because it fails to comply with height, area, yard, off-street parking
or other like requirements of this chapter, other than use, as long
as the structural alteration or increase, internal rearrangement or
renovation does not extend or enlarge the nonconformance of said building
or structure.[1]
[1]
Editor's Note: Former Subsection D, which
provided for the review and approval of restoration plans by the Zoning
Board of Adjustment and which immediately followed this subsection,
was repealed 2-4-1982 by Ord. No. 1-82.
[Amended 2-4-1982 by Ord. No. 1-82; 2-4-2004 by Ord. No.
3-2004; 4-29-2020 by Ord. No. 5-2020]
A.
Restoration of existing buildings or structures nonconforming
because of use. Whenever a building or structure is nonconforming
by reason of its use, such building or structure may be restored or
repaired in the event of partial destruction thereof and the nonconforming
use may be resumed; provided, however, that such resumption shall
not expand or enlarge the previously existing nonconforming use.
B.
Restoration of existing buildings or structures nonconforming
for reasons other than use. Whenever a building is nonconforming because
it fails to comply with any height, area, yard, off-street parking
or other like requirement of this chapter other than use and such
building is partially destroyed, such building may be restored to
its prior condition; provided, however, that such restoration shall
not enlarge the previously existing nonconformance.
C.
All plans for restoration of any nonconforming structure
shall be reviewed by the Zoning Officer. Any plan to rebuild a partially
destroyed nonconforming structure, whether nonconforming by use or
nonconforming for reasons other than use, shall be reviewed and approved
by the Zoning Officer; provided, however, that any such restoration
shall be rebuilt on the same building footprint with the same building
dimensions as the preexisting structure. The Zoning Officer shall
also approve any such plan which proposes reconstruction with a smaller
footprint or smaller building dimensions from the preexisting nonconforming
structure. All plans for restoration not conforming with the foregoing
shall require an application to the Zoning Board of Adjustment for
review and approval.
The following shall be taken as prima facie
evidence of intent to abandon:
A.
When it is changed to a conforming use.
B.
In cases where such nonconforming use is of a building
or structure designed for such use, when it has been voluntarily discontinued
for a period of 12 consecutive months.
C.
In cases where such nonconforming use is of a building
or structure not designed for such use or is of a lot or land whereon
there is no consequential building or structure devoted to such use,
when it has been voluntarily discontinued for a period of 12 consecutive
months.
No nonconforming use shall, if once changed
into a conforming use, be changed to a nonconforming use.
Nothing herein contained shall require any change
in plans, construction or designated use of a building for which a
building permit had been issued by May 25, 1979, and the construction
of which shall have been diligently prosecuted within three months
of the date of such permit and the ground story framework of which,
including the second tier of beams, shall have been completed within
six months of the date of the permit and which entire building shall
be completed according to such plans as filed within one year from
the date of this chapter.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
district of a different classification, the foregoing provisions shall
also apply to any nonconforming uses existing therein or created thereby.
The following are provisions for existing nonconforming
uses:
E.
In the R-1 Zone, minimum front yard setback, minimum side yard setback and lot coverage in accordance with § 242-38D(4), (5) and (8), respectively.
F.
In the R-2 Zone, minimum front yard setback in accordance with § 242-39D(4).
[Added 6-4-1987 by Ord. No. 15-87]
Open, uncovered porches and decks to be added
to single-family residences are permitted to encroach on side-yard
setbacks, provided that:
A.
They do not extend beyond the wall of the residence,
i.e., do not increase the encroachment of the residence.
B.
They do not have a roof and are not enclosed.
C.
The application for the building permit for the deck
or porch shall have attached to it a statement by the owner of the
residence that the deck or porch will not be enclosed nor have a roof
unless a variance has been received for it from the Zoning Board of
Adjustment.
D.
Said open uncovered porch or deck shall not be the
subject of any other required variance.
