(a)

It is the purpose of this article to provide for the regulation of nonconforming buildings, structures and uses, and specify the circumstances and conditions under which those nonconforming buildings, structures and uses which adversely affect the maintenance, development or use, and taxable value of other property in the district in which these are located shall be permitted to continue.

(b)

This article establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures and uses which substantially and adversely affect the orderly development and taxable value of other property in the district not be permitted to continue without restriction.

(Code 1985, § 38-19(1))

Any nonconforming building, structure or use which existed lawfully at the time of the adoption of the ordinance from which this chapter is derived and which remains nonconforming upon the adoption of the ordinance from which this article is derived or of any subsequent amendments thereto, may be continued, subject to the regulations which follow.

(Code 1985, § 38-19(2))

Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued, subject to the provisions of this article.

(1)

Repairs and alterations.

a.

Building or structure designed or intended for a nonconforming use. Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations which increase the bulk of the building or structure shall be made in or to a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law or except to make the building or structure and uses thereof to conform to the regulations of the district in which it is located. For the purpose of this article, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement and other replacements of, or substitutes for, machinery or equipment not involving structural alterations to the building or structure except as herein above provided.

b.

Building or structure designed or intended for a permitted use. Repairs, alterations and structural changes may be made to a nonconforming building or structure, all or substantially all of which is designed or intended for a use permitted in the district in which it is located, provided said repairs, alterations or structural changes conform to the regulations of the district in which said building or structure is located.

(2)

Additions and enlargements. A nonconforming building or structure which is nonconforming as to bulk, or all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, shall not be added to or enlarged in any manner unless such additions or enlargements thereto are made to conform to all the regulations of the district in which it is located, and unless such nonconforming building or structure, including all additions and enlargement thereto, shall conform to the following:

a.

Applicable regulations concerning the amount of lot area provided per dwelling unit, as provided in subsequent articles of this chapter.

b.

The allowable floor area ration as provided in subsequent articles of this chapter.

(3)

Relocation of building or structure. No building or structure which does not conform to all of the regulations of the district in which it is located shall be moved in whole or in part to any other location on the lot unless every portion of such building or structure which is moved and the use thereof is made to conform to all regulations of the district in which it is located.

(4)

Restoration of damaged building or structure.

a.

Building or structure designed or intended for a nonconforming use. A building or structure, all or substantially all of which is designed or intended for use which is not permitted in the district in which it is located, and which is partially destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence, shall exceed 50 percent of the cost of the restoration of the entire building new, shall not be restored unless said building or structure and the use thereof shall conform to all the regulations of the district in which it is located. In the event such partial damage or destruction is less than 50 percent of the cost of restoration of the entire building new, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of the partial destruction and is diligently prosecuted to completion.

b.

Building or structure designed or intended for a permitted use. A building or structure, all or substantially all of which is designed or intended for a use which is permitted in the district in which it is located, and which is partially destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50 percent of the cost of restoration of the entire building new, shall not be restored unless said building or structure shall conform to all of the regulations of the district in which it is located. In the event such damage or destruction is less than 50 percent of the cost of restoration of the entire building new, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of partial destruction and is diligently prosecuted to completion.

(5)

Discontinuance of nonconforming use.

a.

In building or structure designed or intended for a nonconforming use. A building or structure or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, which is, or hereafter becomes, vacant and remains unoccupied or is not used for a continuous period of 180 days, shall not thereafter be occupied or used except by a use which conforms to the use regulations of the district in which it is located.

b.

In building or structure designed or intended for a permitted use. If a nonconforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is discontinued for a period of 90 days, it shall not be renewed and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located.

c.

Land. The nonconforming use of land, not involving a building or structure thereon is incidental or accessory to the principal use of the land, if discontinued for a period of 90 days, shall not thereafter be renewed, and any subsequent use of the land shall conform to the regulations of the district in which it is located.

(6)

Expansion of nonconforming use.

a.

In building or structure designed or intended for a nonconforming use. The nonconforming use of part of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be extended throughout the building or structure in which said use is presently located, but no changes or structural alterations which increase the bulk of the building or structure shall be made unless such changes or structural alterations and the use thereof conform to all the regulations of the district in which the building or structure is located.

b.

In building or structure designed or intended for a permitted use. The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in a district in which it is located, shall not be expended or extended into any other portion of such building or structure, nor changed to any nonconforming use.

c.

Land. The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be expanded or extended beyond the area it occupies.

(7)

Change of nonconforming use.

a.

Building or structure designed or intended for a nonconforming use. The nonconforming use of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be changed to a use permitted in the same district as the nonconforming use which presently occupies the building or structure or to a use permitted in a more restrictive district.

b.

Building or structure designed or intended for a permitted use. No nonconforming use shall be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.

c.

Land. The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be changed to any other use except to a use permitted in the district in which the land is located.

(Code 1985, § 38-19(3))

(a)

In any district permitting single-family residences, notwithstanding limitations imposed by other provisions of this article, a single-family dwelling and accessory buildings may be erected on a single lot of record at the effective date of the adoption of the amendment to this chapter; such lot must be in separate ownership and not continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements of any or all of the following; lot area, lot width or floor area ratio that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width or floor area ratio of the lot shall conform to the regulations of the district in which such lots are located, except as follow:

(1)

Side yards may be reduced to ten percent of lot width on inside lots.

(2)

Side yards abutting a street on corner lots may be reduced to 15 feet.

(3)

Front yards shall conform to the majority of residences previously erected.

Any variance except those above allowed shall be obtained only through action of the planning and zoning board of appeals.

(b)

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage of this amendment of the zoning ordinance, and if all or part of the lots do not meet the requirements for lot widths, area or floor area ratio as established by this article, the lands so involved shall be considered to be an undivided parcel for the purposes of this article, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this article, nor shall any division of the parcel be made which leaves remaining any lot width or area below the requirements as stated in this article.

(Code 1985, § 38-19(4); Ord. No. 04-03, 2-10-2004)