The provisions of this chapter apply to uses of land and structures, parcels of land, and structures which existed prior to the adoption of the ordinance codified in this title, or which were lawfully established under this title, which are not in conformance with the currently applicable requirements of the zoning ordinance.

(Ord. 241 § 13.11, 1998)

Non-conforming uses of land and structures may continue as legal non-conforming uses and further may be enlarged or intensified, provided the continuation, enlargement or intensification conforms with the following requirements:

A.

Continuation or intensification is permitted outright provided that this authorization applies only to the use(s) substantially as it existed and/or operated at the time it became non-conforming; and further provided that intensification may occur only within the area of land and/or structure devoted to the use at the time it became non-conforming. Intensification shall not result in an increase in the noise, dust or odor emanating from the property nor result in the creation of a nuisance or a hazard to other uses in the vicinity.

B.

Enlargement of a Non-conforming Use. Non-conforming single-family dwellings may be enlarged or expanded by the addition of space to the main structure or by the addition of accessory buildings common to a single-family dwelling. All other non-conforming uses may only be enlarged or expanded with the addition of new building or equipment within the footprint of the original non-conforming use.

(Ord. 241 § 13.11.01, 1998)

(Ord. No. 486, § 27, 8-22-2023)

Structures which are non-conforming with regard to yard, area, bulk, height or density may be replaced within one year, may be maintained and repaired and may be enlarged or expanded; provided, that the enlargement does not increase the extent of non-conformity. Structural alterations or enlargements of existing buildings which are non-conforming due to encroachments into the required yard area may enlarge within a required yard space up to the non-conforming setback line.

In residential zones where existing legally established structures exhibit non-conforming yard standards, the front yard may be established as the average setback exhibited by such structures, provided that in no case shall new construction be placed closer than ten feet from the street right-of-way line. The average shall be established on the same side of the right-of-way, between road intersections, or blocks, or one hundred feet in opposing directions of the front property-line corners, and by surveying the entire front property-line of the subject property.

(Ord. 299 § 6, 2002: Ord. 291 § 6, 2001: Ord. 241 § 13.11.02, 1998)

(Ord. No. 498, § 9, 12-17-2024)

A.

Conditional Use. A use which is listed as a conditional use in the zone in which it is located but which existed prior to adoption of the zoning ordinance or any relevant amendment and for which a conditional use permit has not been obtained shall be considered a nonconforming use.

B.

Variances. A use or structure for which a variance has been issued shall be considered as a legal nonconforming use or structure and the requirements of this chapter shall apply as they apply to preexisting nonconformities.

(Ord. 241 § 13.11.03, 1998)

A nonconforming use which has been abandoned for a period of twelve (12) months shall not thereafter be returned to use except in conformance with the requirements of this title. A use shall be considered abandoned if the premises have not been maintained to the extent necessary to carry out the use and or in a manner customary for the use, or where applicable, where permits, licenses, or approvals necessary for the use have been allowed to lapse, regardless of the conditions of the premises.

(Ord. 241 § 13.11.04, 1998)

A nonconforming structure or a structure containing a nonconforming use which is damaged or destroyed by accident, fire, explosion, natural disaster or public enemy may be restored or replaced and used in accordance with the requirements of this section, provided that: (a) the restoration or replacement of the building shall not result in an increase in the degree of nonconformity; (b) a replacement structure may have a different shape than the original but shall not be larger unless authorized under the provisions for enlargement above.

(Ord. 241 § 13.11.05, 1998)

A.

A lot, as defined in this title, which was "of record" prior to the effective date of the ordinance and which does not conform to the area and/or dimensional requirements of the ordinance or a lot which was created as a conforming lot under the terms of the zoning ordinance applicable at the time but which as a result of amendments to this zoning ordinance does not conform to the area and/or dimensional requirements currently applicable shall be afforded the same status as a conforming lot and be allowed to develop consistent with the restrictions established by the zone or district, provided that contiguous ownership of nonconforming lots shall be treated as a single lot up to the minimum lot area required for the intended method of sewage disposal and water system. Such combined ownership shall not be reduced once developed.

B.

A lot, as defined in this title, not covered above, but which does not conform to the area and/or dimensional requirements of this title shall be afforded the same development right above; provided that the nonconforming status was the result of a court order, condemnation by an entity with the power of eminent domain, or any other action which was not initiated, caused or promoted by the owner at the time that the division occurred or an agent of the owner.

(Ord. 241 § 13.11.07, 1998)