The purpose of this Article is to recognize the lawful uses of land or buildings existing at the time of the adoption of the initial ordinance codified herein that do not conform to the regulations set forth herein. Except as provided in this Article XX, any use, structure or parcel of land which was conducted, erected or created in violation of any previous zoning ordinance shall not be considered as a legal, nonconforming use, structure or lot and shall be required to comply with all provisions of this Chapter.

(Ord. 22-02 Art. 4; Ord. 25-01 Art. 4)

A use of land which was lawful before this Chapter was adopted or amended may continue to exist even though the use would be prohibited, regulated or restricted under the provisions of this Chapter and amendments, subject to the following provisions:

(1)

Such nonconforming use shall not be enlarged, expanded, extended, increased or moved to occupy an area of land or area in a structure which was not occupied before this Chapter was adopted or amended.

(2)

An existing structure devoted to a nonconforming use shall not be enlarged, expanded, extended or altered to accommodate the nonconforming use or any other use not allowed in the district in which the structure is located.

(3)

If any such nonconforming use is discontinued for any reason for a period of more than twelve (12) consecutive months, any subsequent use of such land or structure shall conform to the provisions of this Chapter and as thereafter amended.

(4)

A nonconforming use of land may be changed only to a use that is allowed in the zoning district in which the land is located.

(5)

Should a structure devoted to a nonconforming use be damaged or destroyed by any means, unless damaged by more than fifty percent (50%) of its value, the structure may be reconstructed and the nonconforming use reestablished pursuant to Paragraph (2) above.

(Ord. 22-02 Art. 4)

(a)

General. A structure which was lawful before this Chapter was adopted or amended may continue to exist, even though the structure would be prohibited, regulated or restricted under the provisions of this Chapter or amendments, subject to the following provisions:

(1)

Such nonconforming structure shall not be enlarged or altered in a manner which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(2)

Should a legal, nonconforming structure be damaged or destroyed by any means, unless damaged by more than fifty percent (50%) of its value, it may be restored; provided that the reconstruction begins within one (1) year of the date the structure was damaged or destroyed and the reconstruction is completed within the time limits of the building permit.

(3)

Should such nonconforming structure be moved for any reason for any distance whatsoever, it shall conform to the provisions of the district in which it is located after the move.

(4)

Any nonconforming structure may be repaired and maintained for ordinary upkeep. Such repairs or maintenance shall not enlarge, expand, extend or increase the nonconformity in any manner.

(b)

Existing decks. Notwithstanding anything in this Article XX to the contrary, an attached deck located within the required front, side, or rear setback that is existing as of April 15, 2025 may be replaced or reconstructed in its original, existing location or in a manner which decreases its nonconformity but may not be enlarged in size or height or expanded with walls or roofs. Nothing herein shall authorize the reconstruction or replacement of a deck that encroaches within a recorded easement except as provided in Section 16-7-100(d).

(Ord. 22-02 Art. 4; Ord. 25-01 Art. 4)

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot which was of record before this Chapter was adopted or amended. This provision shall apply even though such lot fails to meet the lot requirements applicable in the given zone district. However, all minimum yard requirements shall conform to the provisions within this Chapter and as hereafter amended. On nonconforming lots, uses shall be limited to the principal, accessory and special uses allowed in the zone district to which the lots conform in area.

(Ord. 22-02 Art. 4)

Editor's note— Ord. No. 25-01, Art. 4, adopted May 20, 2025, repealed § 16-20-50, which pertained to termination of nonconforming uses and derived from Ord. 22-02 Art. 4.