Beaux Arts Village City Zoning Code
§ 18.10.160
Nonconforming uses, buildings and structures, and building lots.
The following regulations shall govern the continuation and elimination of nonconforming uses, buildings and structures, and building lots:
(1)
Nonconforming Uses.
(a)
Any use that lawfully existed at the date of the adoption of the ordinance codified in this chapter is hereby permitted to continue and to be maintained and operated in accordance with this section.
(b)
A nonconforming use that has been discontinued for a period of one year or more shall be presumed conclusively to be abandoned and no such use shall be permitted thereafter.
(c)
A building or structure containing a nonconforming use shall not be enlarged or expanded unless the use is brought into conformity with the requirements of this chapter, as amended.
(d)
Whenever a building or structure that contains a nonconforming use is destroyed, damaged, or deteriorated to the extent of 50 percent or more of its replacement value, as determined by the town building official, any subsequent use shall be in conformity with this chapter.
(2)
Nonconforming Buildings or Structures.
(a)
Any nonconforming building or structure that lawfully existed as of January 13, 2004, is hereby permitted to continue, to be maintained, repaired or brought into compliance with current building codes, and to be operated in accordance with this section.
(b)
The remodel of an existing nonconforming building or structure will be allowed without a variance; provided, that any existing nonconformity is not increased. Such nonconformities include noncompliance with current setback, height, gross floor area, and lot coverage regulations.
(c)
The reconstruction of a nonconforming structure shall only be permitted through the granting of a variance.
(d)
Any nonconforming building or structure that is damaged or destroyed by a fire or natural disaster may be rebuilt to its previous building footprint and envelope without obtaining a variance.
(e)
Conversion of a lawfully established existing nonconforming structure to an accessory dwelling unit is allowed provided that any existing nonconformity is not increased.
(3)
Nonconforming Building Lot. Any nonconforming lot upon which a single-family residence lawfully existed at the date of the adoption of the ordinance codified in this chapter, or any lot created under the town subdivision ordinance (Chapter 17.05 BAVMC), is hereby permitted to continue and to be maintained and operated in accordance with this chapter.
(Ord. 372 § 16, 2009; Ord. 433 § 1 (Att. A), 2018; Ord. 478, 6/10/2025)