(a)

Intent. It is the intent of this article to provide regulations governing lots, parcels, buildings, structure and the uses thereof, which were legal before this chapter was adopted, or amended, including legal non-conforming lots, parcels, buildings, structures, which would be prohibited, regulated, or restricted under the provisions of this chapter. It is the intent of this article to permit these buildings and structures, herein referred to as non-conformities, to remain until the non-conformity is abandoned, discontinued, significantly damaged, destroyed, or removed.

(b)

These non-conformities are declared by this chapter to be incompatible with the uses, buildings, and structures lawfully permitted by this chapter. The regulations contained in this article are designed to ensure that such non-conformities will be properly regulated so as to result in a minimum of disharmony in the district in which they are located.

(c)

It is the intent of these regulations to gradually eliminate non-conforming uses and structures over time.

(d)

The tenancy, ownership, or management of any non-conforming use or non-conforming structure may change without altering the legal status of the non-conforming use or non-conforming structure.

(Ord. No. 01-20, § 18.331, 2-10-20)

Non-conforming lots and parcels shall be subject to the following:

(a)

Any non-conforming lot shall be used only for a use permitted in the district in which it is located.

(b)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of this chapter, subject to the provisions of subsection (3) below. 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 other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the zoning board of appeals.

(c)

If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the effective date of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of such parcel shall be used or occupied which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter. These provisions shall not apply to contiguous lots in single ownership where each of the lots is occupied by a dwelling unit.

(Ord. No. 01-20, § 18.332, 2-10-20)

The lawful use of any land existing on the effective date of this chapter or amendment thereto, may be continued even though such use does not conform to the provisions of this chapter, so long as it remains otherwise lawful, subject to the following provisions:

(a)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of this chapter.

(b)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of this chapter.

(c)

If such nonconforming use of land ceases for any reason for a period of more than six (6) consecutive months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

Where non-conforming off-street parking, landscaping, signage, fences, and other similar land uses exist, those uses shall be made to conform to the terms of this chapter when any legal use, principal or accessory, located on the land in question is established or expanded in such a manner that would necessitate site plan review and approval in accordance with article VI.

(Ord. No. 01-20, § 18.333, 2-10-20)

(a)

Purpose. Where a lawful structure exists as of 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 or other characteristics of the structure of its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(b)

Restriction on creating non-conformities. No such structure may be enlarged or altered in a way which increases its non-conformity; for example, existing residences on lots of a width less than required herein may add a rear porch provided that other requirements relative to required setbacks and land coverage are met.

(c)

Restriction on movement. Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district which in it is located after it is moved.

(d)

Restrictions on alteration or modification. If a non-conforming structure or building is altered or modified so as to eliminate, remove, or lessen any or all of its non-conforming characteristics, then such non-conforming characteristics shall not be later re-established or increased. The zoning board of appeals shall determine if a proposed alteration should decrease the degree of non-conformity.

(e)

Restrictions on replacements—Non-residential. Should a non-conforming, non-residential structure be destroyed by any means to an extent of more than sixty percent (60%) of its replacement cost, exclusive of the foundation at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(f)

Restrictions on replacements—Residential. Should a residential dwelling be damaged or destroyed by fire, flood, or any other means, it shall not be reconstructed in a manner which increases the non-conformity, or in a manner by which the structure extends beyond the original, pre-catastrophe footprint. Such reconstruction may occur without a variance from the Zoning Board of Appeals, provided that a building permit for the reconstruction is applied for within one (1) year of the damage or destruction.

(Ord. No. 01-20, § 18.334, 2-10-20)

(a)

Purpose. If a lawful use of a structure, or of structures and land in combination, exists at the effective date of adoption of 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:

(b)

Prohibition of enlargement of a building housing a non-conforming use. No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(c)

Extension throughout building. Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(d)

Changing use. In any district, if no structural alterations are made, any non-conforming use may be changed to another non-conforming use of the same or a more restricted classification provided that the zoning board of appeals, either by general rule or by making findings in the specific case, may find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the zoning board of appeals may require appropriate condition and safeguards in accordance with the purpose and intent of this chapter. Where a non-conforming use of a structure, land or structure and land in combination is hereafter changed to a more restrictive classification, it shall not thereafter be changed to a less conforming use.

(e)

Prohibition of re-establishment if replaced by a conforming use. A non-conforming use of any structure or structure and premises which is replaced by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the non-conforming use may not thereafter be resumed.

(f)

Discontinuance or termination of non-conforming use of a structure. When a non-conforming use of a structure, or structure and premises in combination, is discontinued or ceases to exist for six (6) consecutive months or for eighteen (18) months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be excluded from this provision.

(g)

Removal. Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.

(Ord. No. 01-20, § 18.335, 2-10-20)

On any building devoted in whole or in part to any non-conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding fifty percent (50%) of the assessed value of the building, provided that the cubic content of the building as it existed at the effective date of this chapter or amendment, shall not be increased. 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 such official.

(Ord. No. 01-20, § 18.336, 2-10-20)

Any use which is permitted as a special land use as provided in this chapter shall not be deemed a non-conforming use in such district.

(Ord. No. 01-20, § 18.337, 2-10-20)

There may be a change of tenancy, ownership or management of any existing non-conforming uses of land, structures and premises provided there is no change in the nature or character of such non-conforming uses.

(Ord. No. 01-20, § 18.338, 2-10-20)