Zoning nonconformities are of three types: nonconforming lots of record, nonconforming structures, and nonconforming uses. Nonconformities may be continued subject to the following conditions:

(1) Nonconforming Lots of Record. A nonconforming lot of record is a platted lot that, at the time of its creation, met the minimum lot size requirements for the zoning district in which it was located but, because of subsequent changes to the zoning regulations, does not comply with all of the current lot size requirements. The Zoning Administrator may issue a certificate of zoning compliance for the use of any nonconforming lot of record provided that:

(a) The lot is shown by a valid plat that was recorded when the creation of a lot of its size at such location would have been permitted;

(b) The lot has continuously remained in separate and individual ownership from adjacent tracts of land throughout the entire time the size of such lot has not been permitted; and

(c) The use and occupancy of the lot can meet all required yard regulations for the district in which it is located.

(2) Nonconforming Structures. A nonconforming structure is any building, structure, or part thereof that is dedicated to a lawful use and occupancy for the zoning district in which it is located but, because of subsequent changes to the zoning regulations, does not comply with all of the current yard, height, or other applicable regulations.

(a) Any nonconforming structure that was lawfully constructed at a time when the construction of such structure would have been permitted may continue to exist as long as it remains otherwise lawful.

(b) Except as provided herein, nonconforming structures shall not be improved, enlarged, repaired, remodeled, or rebuilt. Only routine maintenance and repairs, minor interior remodeling, or historic restoration may be performed as long as such maintenance, repairing, remodeling, or restoration does not create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure.

(i) Nothing in these regulations shall be deemed to prevent the improving, repairing, or restoring of a building or structure in accordance with an order of a building inspector or other public official in charge of protecting the public safety.

(c) In the event any nonconforming structure is damaged or destroyed:

(i) If the cost to repair or rebuild will be more than fifty percent of its assessed fair market value, such structure shall not be repaired or rebuilt unless it shall thereafter conform to all of the applicable zoning regulations.

(ii) If the cost to repair or rebuild will be fifty percent or less of its assessed fair market value, no repairs or rebuilding shall be done unless a building permit is obtained within six months after the date of the damage and the work is diligently pursued to completion.

(d) Nonconforming structures shall not be moved, in whole or in part, to any other location on the same or any other lot unless the entire structure shall thereafter conform to all of the applicable zoning regulations after being moved.

(e) If the use or occupancy of any nonconforming structure is discontinued or abandoned for a period of twelve consecutive months, such structure shall not thereafter be used or occupied until it is brought into compliance with all applicable zoning regulations.

(f) Nonconforming structures that are or become nuisances shall not be entitled to continue as nonconforming structures.

(3) Nonconforming Uses. A nonconforming use is any use of part or all of a building, structure, or land that was allowed under the zoning regulations that existed at the time the use was established but, because of subsequent changes to the zoning regulations, is no longer a permitted use.

(a) Any nonconforming use of a building or structure or any nonconforming use of land that lawfully existed prior to the enactment or amendment of the zoning regulations may be continued as long as it remains otherwise lawful.

(b) A nonconforming use shall not be extended, enlarged, or increased in intensity. Such prohibited activities shall include, without being limited to, the extension of such use to any building, structure, or land area, or parts thereof, other than that occupied by such nonconforming use on the effective date of the zoning regulations or subsequent amendments that cause such use to become nonconforming.

(c) Except as provided herein, buildings, structures, and parcels of land that are dedicated, in whole or in part, to a nonconforming use shall not be improved, repaired, remodeled, expanded, enlarged, or added to in any manner unless such buildings, structures, or parcels of land and the use thereof shall thereafter conform to all applicable zoning regulations.

(i) Normal, routine maintenance and incidental repairs may be performed on any building or structure that is dedicated, in whole or in part, to a nonconforming use.

(ii) The replacement, installation, or relocation of nonbearing walls, fixtures, or finishings may be performed within any part of a building or structure that is dedicated to a nonconforming use.

(iii) Nothing in these regulations shall be deemed to prevent the improving, repairing, or restoring of a building or structure in accordance with an order of a building inspector or other public official in charge of protecting the public safety.

(d) In the event any building or structure, which is wholly or partly dedicated to a nonconforming use, is damaged or destroyed:

(i) If the cost to repair or rebuild will be more than fifty percent of its assessed fair market value, such building or structure shall not be repaired or rebuilt unless the use of it shall thereafter fully conform to all of the applicable zoning regulations.

(ii) If the cost to repair or rebuild will be fifty percent or less of its assessed fair market value, no repairs or rebuilding shall be done unless a building permit is obtained within six months after the date of the damage and the work is diligently pursued to completion.

(e) Nonconforming uses, or buildings or structures wholly or partly dedicated to nonconforming uses, shall not be moved, in whole or in part, to any other location on the same or any other lot.

(f) If any nonconforming use is discontinued or abandoned for a period of twelve consecutive months, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such building, structure, or land shall comply with all applicable zoning regulations. No use that is accessory to a principal nonconforming use shall continue after such principal use is discontinued or abandoned.

(g) Nonconforming uses that are or become nuisances shall not be entitled to continue as nonconforming uses.

Source: Ord. 1142 (1991); Ord. 1926 (2015); Ord. 2146 (2022)