A.

This article is intended to limit the extent of non-conforming uses, structures and lots by prohibiting the re-establishment after abandonment, alteration, restoration or destruction;

B.

Any use of land, structure or lot which existed lawfully at the effective date of the adoption or amendment of this chapter which would not be permitted or permissible by the provisions of this chapter as adopted or amended, shall be deemed nonconforming; and

C.

It is the intent of this chapter to permit such nonconformities to continue, subject to restrictions or until they are removed.

D.

Any allowable proposed alteration, expansion or enlargement to a nonconforming use or nonconforming structure under this section shall be reviewed and approved in accordance with section 191-9, unless otherwise stated in this article.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

A use lawfully occupying a site on the effective date of this chapter, or of amendments thereto, that does not conform with the use regulations for the zone in which the use is located shall be deemed a non-conforming use and may be continued, except as otherwise provided in this article; and

B.

An existing use of land which would not be permitted or permissible in the zone in which it is located, and where such use involves a structure, may be continued, subject to the following restrictions:

1.

Such use shall not be enlarged, expanded or altered except as follows:

a.

A nonconforming use may be extended throughout those parts of a structure which were specifically designed or constructed for such use prior to the effective date of this chapter and which parts were either completed or substantially completed structurally prior to such date; and

b.

Structural alterations of a structure designed for a specific use that does not conform to the requirements of this chapter may be made only if the alteration is for the purpose of conforming to the use requirements of this chapter, or to maintain the building or structure in safe repair.

C.

Termination.

1.

The right to continue a nonconforming use terminates in accordance with the following:

a.

Damage or destruction of the building or structure encompassing the nonconforming use exceeds fifty percent (50%) of the structure; or

b.

The nonconforming use is replaced by a permitted, conditional, or special exception use; or

c.

When such use of land or structure is discontinued, or abandoned for a period of more than one hundred and eighty (180) consecutive days for any reason.

2.

When a nonconforming use is replaced by a permitted or permissible use, the nonconforming use shall not thereafter be resumed.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

This section applies to a structure or site that was lawful when established but no longer conforms to the development standards of the zone in which it is located.

B.

Expansion, structural alteration, or enlargement of development standards nonconformities:

1.

Alterations, expansions and enlargements made to a structure or site that contains development standards nonconformity must not expand or extend the development standards nonconformity except as provided in subsection B.3 below.

2.

Expansions, structural alteration and enlargements to the conforming portions of a structure or site are subject to the procedures set forth in section 191-57.

3.

Exceptions.

a.

Alterations, expansions and enlargements to the portion of the structure or site that contains a development standards nonconformity may be made only for the following reasons:

(1)

To maintain the structure or site in safe repair;

(2)

To improve the façade of the building or structure so as to enhance its appearance; or

(3)

To comply with the requirements of the Americans with Disabilities Act or other safety code requirements.

b.

Such alteration or expansion must not exceed that amount reasonably necessary to accomplish the purpose of the alteration or expansion.

c.

Conversion of a carport to a garage or a covered porch does not constitute the expansion of a development nonconformity.

d.

Any proposed expansion, structural alteration, or enlargement to a development standards nonconformity under this section 191-21 must comply with the nonconforming alteration approval requirements set forth in section 191-21.

C.

Historic designation exceptions — Within a designated historic district, any contributing structure or site may be repaired or replaced in kind in its original location, subject to the approval of the Historic District (Preservation) Commission, notwithstanding its failure to comply with any development standard contained in Article IV. Any renovations or additions beyond the scope of the original structure as defined by the period of significance is subject to the provisions of this chapter.

D.

Sidewalk modifications — Sidewalks on private property that do not meet the standards set forth in Chapter 170 are not nonconforming and may be repaired or replaced in kind. If the property is subject to development or redevelopment, then all sidewalks are subject to the guidelines set forth in Chapter 170.

E.

Termination of development standards nonconformity.

1.

The right to continue a development standards nonconformity terminates in accordance with the following:

a.

Except for single unit detached and semi-detached dwellings, a development standards nonconformity terminates when more than fifty percent (50%) of the gross floor area of a structure, or more than fifty percent (50%) of the net lot area of a site, that includes a development standards nonconformity:

(1)

Is altered or reconstructed; or

(2)

Suffers damage or deterioration by fire, flood, explosion, or any other cause or casualty whether voluntary or involuntary.

b.

Provisions for single unit detached and semi-detached dwellings:

(1)

In the event an existing single unit detached or semi-detached dwelling is damaged or destroyed by fire, flood, explosion or other cause or casualty outside the control of the property owner, the dwelling may be reconstructed to the configuration which existed immediately prior to the damage or destruction.

(2)

If there is a voluntary destruction of fifty percent (50%) or more of the exterior wall surfaces from the grade up, or an expansion of more than one hundred percent (100%) of the existing floor area in a detached or semi-detached single unit dwelling, the development standards nonconformity terminates and the dwelling must be brought into compliance with the provisions of Article IV and any other applicable provisions of this chapter.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

Nonconforming alteration approvals where allowed by section 191-21, are required for structural alterations, expansion, or enlargements to a structure, or site containing a nonconforming use or development standards nonconformity, as follows:

1.

Chief Executive Officer review — Nonconforming alteration approvals by the Chief Executive Officer are required for the following:

a.

Expansion of a nonconforming use to those parts of a structure that were specifically designed or arranged for such use prior to the date when such use of a structure became nonconforming; or

b.

The modification of any nonconformity on a lot improved with a single unit detached or semi-detached dwelling.

2.

Planning Commission are required for the following:

a.

Expansion, modification, or structural alteration of a structure or premises occupied by a nonconforming use other than a single unit detached or semi-detached dwelling, and/or

b.

Any change to a nonconforming structure in compliance with the requirements of section 191-21 that involves a physical change to the exterior part of the structure that is nonconforming.

B.

Application — Applications for nonconforming alteration approval must be submitted to the Chief Executive Officer, and must contain the following:

1.

A site plan drawn to scale showing location of all existing and proposed structures, yards, driveways, and parking areas and the proposed alteration;

2.

Floor plans showing the location of uses in the structures and on the site; and

3.

Such other information as may be required by the Chief Executive Officer.

C.

Procedure.

1.

Chief Executive Officer review. Nonconforming alterations requiring Chief Executive Officer review must be submitted and processed as a minor site plan review pursuant to Article II of this chapter.

a.

Public notification of pending application.

(1)

Sign. The applicant must post in a conspicuous place on the property involved a notice of pending action containing the name of the applicant or appellant, the date, time and place of the hearing and a brief statement of the modification proposed at least fourteen (14) days prior to the date fixed for the public hearing; and

(2)

Written notification. The Chief Executive Officer must provide written notification of applications filed and written notice of pending action containing the name of the applicant or appellant, the date, time and place of the hearing and a brief statement of the modification proposed, sent by first-class mail, to the applicant or appellant and to the owners of property contiguous to or opposite the property affected.

b.

Action on application.

(1)

Within thirty (30) days of sending the notice of the application the Chief Executive Officer must decide to:

(a)

Approve the application,

(b)

Approve the application with conditions as may be necessary to ensure compliance with the intent and purposes of this chapter, or

(c)

Deny the application.

(2)

The Chief Executive Officer may issue a nonconforming alteration approval only if the findings set forth in subsection 191-23.C.2.b. below are made.

(3)

The Chief Executive Officer's decision must be based on written findings of fact.

2.

Planning Commission review — Nonconforming alteration applications requiring Planning Commission review according to subsection 191-22.B.2. must be submitted and processed as a major site plan review pursuant to Article II of this chapter.

a.

Public notice and hearing — The Planning Commission must hold a public hearing on an application for a nonconforming alteration approval. The applicant must provide notice of the public hearing in accordance with the provisions of section.

b.

Decision — The Planning Commission may issue a nonconforming alteration approval only if all of the following findings are made:

(1)

There exists documentation of the existence and extent of the nonconforming zoning status of the use or development standard.

(2)

The proposed nonconformity alteration does not exceed that amount reasonably necessary to accomplish the purpose of the structural alteration, expansion, or enlargement as permitted by subsection 191-20.B.3.B.

(3)

The proposed nonconforming alteration is compatible with the general character of the surrounding neighborhood or zone.

(4)

The proposed nonconforming alteration will not have negative impacts on the public health, safety, and welfare of the nearby properties.

(5)

The proposed nonconforming alteration will be consistent with the purpose and intent of the zone in which the property is located and of the comprehensive plan.

(6)

For nonconforming alteration approvals that trigger conformance with current parking requirements pursuant to section 191-44, the Planning Commission may waive the current parking requirement and allow the maintenance of the existing nonconforming parking status through the grant of the nonconformity alteration approval, if the commission finds that:

(a)

It is not practicable to provide the required parking onsite in a manner that preserves neighborhood character;

(b)

Preserving the nonconforming parking status is the best solution to provide consistency with the goals, policies, and intent of the comprehensive plan.

D.

Conditions of approval — The approval of a nonconforming alteration may be subject to any condition that the applicable approving authority finds necessary to satisfy the required findings and to ensure that the proposed nonconforming alteration will be consistent with the purpose and intent of this chapter.

E.

Appeals — The approval or denial of a nonconformity alteration approval may be appealed by an aggrieved party to the Board of Appeals as provided in section 191-60.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

Permits for nonconformities shall be issued by the Chief Executive Officer for all nonconformities existing at the effective date of adoption or amendment of this chapter.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

Any use or structure existing on the effective date of adoption or amendment of this chapter which is classified as a special exception in the zone in which it is located shall be deemed to have been granted approval by the Board of Appeals, subject to maintaining the character and extent of such use or structure existing on that date. Any extension, enlargement or change in such use or structure shall require approval of the Board of Appeals as provided in this chapter.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)