- NONCONFORMING LOTS, USES AND STRUCTURES
Any lawful use of the land or buildings existing at the date of passage of this appendix and located in a district in which it would not be permitted as a new use under the regulations of this appendix is hereby declared to be a "nonconforming use."
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption or amendment of this appendix. Such lot must be in separate ownership and not of continuous frontage with another lot in the same ownership. This shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable on the district, provided that maximum lot coverage and front, side and rear yard requirements are otherwise met.
If two (2) or more lots with continuous frontage in single ownership are of record at the time of passage or amendment of this appendix, and if these lots, in combination, meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this appendix, said parcel shall be used or sold in a manner which is in compliance with lot widths and area requirements established by this appendix.
When at the time of passage of this appendix lawful use of land exists which would not be permitted by the regulations imposed by this appendix, the use may be continued so long as it remains otherwise lawful, provided:
(1)
No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this appendix.
(2)
If said use is destroyed or abandoned for six (6) consecutive months, the use shall be considered discontinued and shall not be re-established unless in conformance with the regulations of the district in which it is located. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of the replacement cost at the time of destruction.
When a lawful structure exists at the effective date of this appendix that could not be built under the terms of this appendix, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
A nonconforming structure may not, under any circumstances, be enlarged or altered in a way which increases its nonconformity;
(2)
If a nonconforming structure or nonconforming portion of structure (except hone structures intended for residential use) is destroyed to an extent of more than fifty (50) percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this appendix. A residential structure which is destroyed can be replaced if said replacement structure is in compliance with all other applicable provisions of this appendix;
(3)
[A] nonconforming structure (excluding structures intended for residential use) which is vacated or abandoned for at least six (6) consecutive months shall be considered discontinued and shall not be allowed occupancy unless in conformance with the district in which it is located;
(4)
Should such nonconforming structure be moved for any distance on the lot of record, it shall conform with all other applicable provisions of this appendix. Said nonconforming structure may be moved to another lot, so long as the lot is located in a district where the structure is permitted and so long as other applicable provisions of this appendix are met.
Where a mobile home exists at the effective date of adoption or amendment of this appendix that could not be built under the terms of this appendix, such mobile home may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
A nonconforming mobile home may not, under any circumstances, be enlarged or altered in a way which increases its nonconformity;
(2)
An occupied non-conforming mobile home may be replaced by another mobile home so long as the replacement mobile home is of more recent manufacture than the existing mobile home. Said replacement mobile home. Said replacement mobile home shall bear a seal or label showing certification by the department of housing and urban development of compliance with the National Manufactured Housing Construction and Safety Standards Act;
(3)
If a nonconforming mobile hone is vacated or abandoned for a period of at least six (6) consecutive months, it shall not be allowed occupancy and shall not be replaced by another mobile home;
(4)
Should a nonconforming mobile home be moved for any distance on a lot of record, it shall conform with all other applicable provisions of this appendix. Said nonconforming mobile home may be moved to another lot so long as the lot is located in a district where the structure is permitted and so long as other applicable provisions of this appendix are met.
If a lawful use involving an individual structure exists at the effective date of this appendix, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
No otherwise lawful existing structure devoted to a use not permitted by this appendix in the district in which it is located shall be enlarged or altered so as to increase the nonconformity of the use. Said structure and its use may be moved to another location on the lot of record so long as the structure meets all applicable requirements of the district. Said structure and its use may be moved to a different lot, if the lot is located in a district which permits said structure and use and all other applicable requirements of this appendix are met;
(2)
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption of this Ordinance, but no such use shall be extended to occupy any land outside such building;
(3)
If the structure housing a nonconforming use is destroyed to an extent of more than fifty (50) percent of its replacement cost, said structure may only be rebuilt in accordance with the requirements for the district in which it is located and shall only be occupied by a use permitted in that district;
(4)
If a nonconforming use is vacated or abandoned for a period of six (6) consecutive months, it shall only be replaced by a conforming use and the nonconforming use shall not be resumed.
If a nonconforming building or a building which houses a nonconforming use which has been damaged less than fifty (50) percent, then such structure may be restored to the same degree of nonconformity as existed before such damage.
There may be a change in tenancy, ownership or management in an existing nonconforming use, provided there is no change in the nature or character of such nonconforming use.
- NONCONFORMING LOTS, USES AND STRUCTURES
Any lawful use of the land or buildings existing at the date of passage of this appendix and located in a district in which it would not be permitted as a new use under the regulations of this appendix is hereby declared to be a "nonconforming use."
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption or amendment of this appendix. Such lot must be in separate ownership and not of continuous frontage with another lot in the same ownership. This shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable on the district, provided that maximum lot coverage and front, side and rear yard requirements are otherwise met.
If two (2) or more lots with continuous frontage in single ownership are of record at the time of passage or amendment of this appendix, and if these lots, in combination, meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this appendix, said parcel shall be used or sold in a manner which is in compliance with lot widths and area requirements established by this appendix.
When at the time of passage of this appendix lawful use of land exists which would not be permitted by the regulations imposed by this appendix, the use may be continued so long as it remains otherwise lawful, provided:
(1)
No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this appendix.
(2)
If said use is destroyed or abandoned for six (6) consecutive months, the use shall be considered discontinued and shall not be re-established unless in conformance with the regulations of the district in which it is located. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of the replacement cost at the time of destruction.
When a lawful structure exists at the effective date of this appendix that could not be built under the terms of this appendix, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
A nonconforming structure may not, under any circumstances, be enlarged or altered in a way which increases its nonconformity;
(2)
If a nonconforming structure or nonconforming portion of structure (except hone structures intended for residential use) is destroyed to an extent of more than fifty (50) percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this appendix. A residential structure which is destroyed can be replaced if said replacement structure is in compliance with all other applicable provisions of this appendix;
(3)
[A] nonconforming structure (excluding structures intended for residential use) which is vacated or abandoned for at least six (6) consecutive months shall be considered discontinued and shall not be allowed occupancy unless in conformance with the district in which it is located;
(4)
Should such nonconforming structure be moved for any distance on the lot of record, it shall conform with all other applicable provisions of this appendix. Said nonconforming structure may be moved to another lot, so long as the lot is located in a district where the structure is permitted and so long as other applicable provisions of this appendix are met.
Where a mobile home exists at the effective date of adoption or amendment of this appendix that could not be built under the terms of this appendix, such mobile home may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
A nonconforming mobile home may not, under any circumstances, be enlarged or altered in a way which increases its nonconformity;
(2)
An occupied non-conforming mobile home may be replaced by another mobile home so long as the replacement mobile home is of more recent manufacture than the existing mobile home. Said replacement mobile home. Said replacement mobile home shall bear a seal or label showing certification by the department of housing and urban development of compliance with the National Manufactured Housing Construction and Safety Standards Act;
(3)
If a nonconforming mobile hone is vacated or abandoned for a period of at least six (6) consecutive months, it shall not be allowed occupancy and shall not be replaced by another mobile home;
(4)
Should a nonconforming mobile home be moved for any distance on a lot of record, it shall conform with all other applicable provisions of this appendix. Said nonconforming mobile home may be moved to another lot so long as the lot is located in a district where the structure is permitted and so long as other applicable provisions of this appendix are met.
If a lawful use involving an individual structure exists at the effective date of this appendix, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
No otherwise lawful existing structure devoted to a use not permitted by this appendix in the district in which it is located shall be enlarged or altered so as to increase the nonconformity of the use. Said structure and its use may be moved to another location on the lot of record so long as the structure meets all applicable requirements of the district. Said structure and its use may be moved to a different lot, if the lot is located in a district which permits said structure and use and all other applicable requirements of this appendix are met;
(2)
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption of this Ordinance, but no such use shall be extended to occupy any land outside such building;
(3)
If the structure housing a nonconforming use is destroyed to an extent of more than fifty (50) percent of its replacement cost, said structure may only be rebuilt in accordance with the requirements for the district in which it is located and shall only be occupied by a use permitted in that district;
(4)
If a nonconforming use is vacated or abandoned for a period of six (6) consecutive months, it shall only be replaced by a conforming use and the nonconforming use shall not be resumed.
If a nonconforming building or a building which houses a nonconforming use which has been damaged less than fifty (50) percent, then such structure may be restored to the same degree of nonconformity as existed before such damage.
There may be a change in tenancy, ownership or management in an existing nonconforming use, provided there is no change in the nature or character of such nonconforming use.