- NONCONFORMING USES
(a)
[Generally.] Any uses of property that do not conform to the regulations of this ordinance and which were in use prior to the effective date of it, shall be called a nonconforming use. A nonconforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other elements. If a building being used for a nonconforming use changes ownership or use, it shall revert back to the conforming use of the area in which it is located.
(b)
[Partial destruction of property.] In case of partial destruction by fire or other causes, not exceeding 60 percent of its value, the building inspector [building official] may issue permit for reconstruction. If greater than 60 percent and less than total, the board of adjustment may grant permit for repair after public hearing and having due regard for the property rights of the persons affected when considered in the light of the public welfare and in the character of the area surrounding the designated nonconforming use and the conservation and preservation of property.
(c)
[Existing legal uses.] Any legal use existing at the time of passage of this ordinance in any business or industrial district as defined hereinabove, shall be deemed a conforming use upon the lot or area devoted to such use at the time of passage of this ordinance.
(d)
Nonconforming lots of record. 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 of this ordinance, notwithstanding limitations imposed by other provisions of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the board of adjustment. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage of this ordinance, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this ordinance.
All newly annexed areas shall be automatically classified as R-1 residential district until a public hearing can be held to determine the most desirable use classification for the areas.
- NONCONFORMING USES
(a)
[Generally.] Any uses of property that do not conform to the regulations of this ordinance and which were in use prior to the effective date of it, shall be called a nonconforming use. A nonconforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other elements. If a building being used for a nonconforming use changes ownership or use, it shall revert back to the conforming use of the area in which it is located.
(b)
[Partial destruction of property.] In case of partial destruction by fire or other causes, not exceeding 60 percent of its value, the building inspector [building official] may issue permit for reconstruction. If greater than 60 percent and less than total, the board of adjustment may grant permit for repair after public hearing and having due regard for the property rights of the persons affected when considered in the light of the public welfare and in the character of the area surrounding the designated nonconforming use and the conservation and preservation of property.
(c)
[Existing legal uses.] Any legal use existing at the time of passage of this ordinance in any business or industrial district as defined hereinabove, shall be deemed a conforming use upon the lot or area devoted to such use at the time of passage of this ordinance.
(d)
Nonconforming lots of record. 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 of this ordinance, notwithstanding limitations imposed by other provisions of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the board of adjustment. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage of this ordinance, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this ordinance.
All newly annexed areas shall be automatically classified as R-1 residential district until a public hearing can be held to determine the most desirable use classification for the areas.