The requirements imposed by this chapter are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various districts. Lots, structures and uses of land or structures that do not conform to the requirements of the district in which they are located tend to impede appropriate development. For example, nonconformities are frequently responsible for heavy traffic on residential streets, the overtaxing of parking facilities, the creation of nuisances, and/or the lowering of property values. The regulations of this subchapter are intended to alleviate such existing/potential problems by encouraging the gradual elimination of nonconformities.

(Ord. 491, passed 6-16-86)

   (A)   Any vacant lot that does not conform to one or more of the lot size (area dimensions) requirements of the district in which it is located may, nonetheless, be developed for any use permitted in that district if such vacant lot:

      (1)   Was recorded in the County Recorder of Deeds office prior to the effective date of this chapter (or pertinent amendment thereto); and

      (2)   Is at least 50 feet wide.

   (B)   If two or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the effective date of this chapter, and if one or more of those lots does not meet the minimum lot width, depth or area requirements of the district in which it is located, the land involved shall be considered an undivided parcel. No portion of any such parcel shall be developed except in compliance with this chapter, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this chapter.

(Ord. 491, passed 6-16-86) Penalty, see § 152.999

   Any otherwise lawful structure which exists on the effective date of this chapter but which could not be erected under the terms of this chapter because of requirements/restrictions concerning lot size, height, setbacks or other characteristics of the structure or its location on the lot may lawfully remain, subject to the following provisions:

   (A)   Maintenance. A nonconforming structure may be maintained by ordinary repairs.

   (B)   Enlargement, alterations. A nonconforming structure shall not be enlarged or altered in any way which increases its nonconformity.

   (C)   Relocation. A nonconforming structure shall not be moved unless, after relocation, it will conform to all the regulations of the district in which it will be situated.

   (D)   Reconstruction. Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by fire, collapse, explosion, or Act of God, subsequent to the date of this chapter, provided that all of the other requirements of this chapter are met.

(Ord. 491, passed 6-16-86) Penalty, see § 152.999

   If any lawful use occupying a structure exists on the effective date of this chapter but would not be allowed under the terms of this chapter, such use may lawfully continue, subject to the following provisions:

   (A)   Maintenance. Any structure housing a nonconforming use may be maintained through ordinary repairs.

   (B)   Enlargement, alteration, reconstruction, relocation. No structure housing a nonconforming use shall be enlarged, structurally altered, reconstructed or relocated unless 50% of the structure is changed to a permitted use.

   (C)   Extension of use. No nonconforming use may be extended to any part(s) of the structure not intended or designed for such use, nor shall the nonconforming use be extended to occupy any land outside such structure.

   (D)   Change of use. A nonconforming use occupying a structure may be changed to a similar use, to a more restrictive use, or to a conforming use. Such use shall not thereafter be changed to a less restrictive use.

   (E)   Discontinuance of use. When a nonconforming use of a structure, or of a structure and premises in combination, is discontinued for 12 consecutive months or for 18 months during any three-year period, the nonconforming use shall not thereafter be resumed. Any discontinuance caused by government action and without any contributing fault by the nonconforming user shall not be counted in calculating the length of discontinuance.

(Ord. 491, passed 6-16-86) Penalty, see § 152.999

   Any lawful use of land existing on the effective date of this chapter that would not be permitted under the terms of this chapter may lawfully continue, subject to the following provisions:

   (A)   Intensification or extension of use. A nonconforming use of land shall not be intensified, or extended to occupy a greater area of land than was occupied by such use on the effective date of this chapter.

   (B)   Relocation. No nonconforming use of land shall be moved, in whole or in part, unless such use, upon relocation, will conform to all pertinent regulations of the district in which it is proposed to be located.

   (C)   Change of use. Whenever a nonconforming use of a building has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed to a less restrictive use. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.

   (D)   Discontinuance. When a nonconforming use of land is discontinued for a period of 12 consecutive months, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the owner or operator shall not be counted in calculating the length of discontinuance.

(Ord. 491, passed 6-16-86) Penalty, see § 152.999

   The regulations of this chapter shall not apply to any change in an existing structure or to any change in the use of a structure or of land for which a permit was issued prior to the effective date of this chapter or any pertinent amendment thereto provided that the work authorized by such permit is completed within a reasonable time.

(Ord. 491, passed 6-16-86)