Uses and Buildings
A. Generally: As used in this title, a "nonconforming use" is the use of any building, structure or land which is prohibited by any zoning, building or other regulatory ordinance, but which was lawfully existing prior to the effective date of such ordinance.
B. Residential Provisions: Residential uses and residential structures occupied for residential purposes or vacant at the time of adoption of the provisions codified in this title shall be exempt from the provisions of this chapter. This shall not be construed to allow new residential construction, except as provided by the provisions of the respective zones.
A nonconforming use of land lawfully existing on the effective date hereof may be continued, provided such nonconforming use shall not be expanded or extended into any other portion of a conforming building or open land, and no structural additions, alterations or enlargements thereto shall be made thereon, except those required by law. If the nonconforming use is discontinued for a continuous period of more than six (6) months, except for animals which shall be a continuous period of twelve (12) months, whether or not the discontinuation is intentional, any future use of such land shall conform to the provisions of the zone in which it is located.
A nonconforming building in any zone may be continued for the period prescribed in this chapter, provided no additions or enlargements are made thereto and no structural alterations are made therein, except those prescribed by law. If any such nonconforming building is removed, every future use of the land on which the building was located shall conform to the provisions of this title.
The nonconforming use of any conforming building lawfully existing on the effective date hereof may be continued, provided such nonconforming use shall not be expanded or extended into any other portion of the conforming building, nor shall any structural alterations, except those required by law, be made, and if such nonconforming use is discontinued for a continuous period of more than six (6) months, except for the housing of animals which shall be a continuous period of twelve (12) months, whether or not the discontinuation is intentional, any future use of such building shall conform to the provisions of the zone in which it is located.
The nonconforming use of a nonconforming building lawfully existing on the effective date hereof may be continued for the period prescribed in this chapter, and may be expanded or extended throughout such building, provided no structural alterations, except those required by law, are made therein. If no structural alterations are made or required, a nonconforming use of a nonconforming building may be changed to another use of the same or more restrictive classification. If such nonconforming use is discontinued for a continuous period of more than one year, any future use of the building shall conform to the provisions of the zone in which it is located.
If a nonconforming use is vacated, it may be succeeded by an equally restrictive or more restrictive nonconforming use, provided such change is effected within six (6) months. After a change to a more restrictive use is in effect, that change shall be evidence that the less restrictive nonconforming use has been abandoned and thereupon loses any vested right as such, and the degree of nonconformity may not subsequently be increased by changing back to a less restrictive use.
A nonconforming building destroyed to the extent of not more than fifty percent (50%) of its reasonable replacement value at the time of its destruction by fire, explosion or other casualty or act of God, or public enemy, may be restored, and the occupancy or use of such building, or part thereof which existed at the time of such partial destruction, may be continued subject to all of the provisions of this title; provided, that the reconstruction is commenced within one year and completed within two (2) years of the date of destruction.
Notwithstanding any other provisions of this title, no uses permitted in any one of the residential zones at the time of the effective date hereof shall be considered nonconforming in the residential zone in which it is located; no uses permitted in any one of the commercial C zones, and lawfully existing in any one of the commercial zones at the time of the effective date hereof shall be considered nonconforming in the commercial zone in which it is located; and no use permitted in any one of the industrial M zones and lawfully existing in any one of the industrial zones at the time of the effective date hereof shall be considered nonconforming in the industrial zone in which it is located. This section shall be applicable only to nonconforming uses.
Uses and Buildings
A. Generally: As used in this title, a "nonconforming use" is the use of any building, structure or land which is prohibited by any zoning, building or other regulatory ordinance, but which was lawfully existing prior to the effective date of such ordinance.
B. Residential Provisions: Residential uses and residential structures occupied for residential purposes or vacant at the time of adoption of the provisions codified in this title shall be exempt from the provisions of this chapter. This shall not be construed to allow new residential construction, except as provided by the provisions of the respective zones.
A nonconforming use of land lawfully existing on the effective date hereof may be continued, provided such nonconforming use shall not be expanded or extended into any other portion of a conforming building or open land, and no structural additions, alterations or enlargements thereto shall be made thereon, except those required by law. If the nonconforming use is discontinued for a continuous period of more than six (6) months, except for animals which shall be a continuous period of twelve (12) months, whether or not the discontinuation is intentional, any future use of such land shall conform to the provisions of the zone in which it is located.
A nonconforming building in any zone may be continued for the period prescribed in this chapter, provided no additions or enlargements are made thereto and no structural alterations are made therein, except those prescribed by law. If any such nonconforming building is removed, every future use of the land on which the building was located shall conform to the provisions of this title.
The nonconforming use of any conforming building lawfully existing on the effective date hereof may be continued, provided such nonconforming use shall not be expanded or extended into any other portion of the conforming building, nor shall any structural alterations, except those required by law, be made, and if such nonconforming use is discontinued for a continuous period of more than six (6) months, except for the housing of animals which shall be a continuous period of twelve (12) months, whether or not the discontinuation is intentional, any future use of such building shall conform to the provisions of the zone in which it is located.
The nonconforming use of a nonconforming building lawfully existing on the effective date hereof may be continued for the period prescribed in this chapter, and may be expanded or extended throughout such building, provided no structural alterations, except those required by law, are made therein. If no structural alterations are made or required, a nonconforming use of a nonconforming building may be changed to another use of the same or more restrictive classification. If such nonconforming use is discontinued for a continuous period of more than one year, any future use of the building shall conform to the provisions of the zone in which it is located.
If a nonconforming use is vacated, it may be succeeded by an equally restrictive or more restrictive nonconforming use, provided such change is effected within six (6) months. After a change to a more restrictive use is in effect, that change shall be evidence that the less restrictive nonconforming use has been abandoned and thereupon loses any vested right as such, and the degree of nonconformity may not subsequently be increased by changing back to a less restrictive use.
A nonconforming building destroyed to the extent of not more than fifty percent (50%) of its reasonable replacement value at the time of its destruction by fire, explosion or other casualty or act of God, or public enemy, may be restored, and the occupancy or use of such building, or part thereof which existed at the time of such partial destruction, may be continued subject to all of the provisions of this title; provided, that the reconstruction is commenced within one year and completed within two (2) years of the date of destruction.
Notwithstanding any other provisions of this title, no uses permitted in any one of the residential zones at the time of the effective date hereof shall be considered nonconforming in the residential zone in which it is located; no uses permitted in any one of the commercial C zones, and lawfully existing in any one of the commercial zones at the time of the effective date hereof shall be considered nonconforming in the commercial zone in which it is located; and no use permitted in any one of the industrial M zones and lawfully existing in any one of the industrial zones at the time of the effective date hereof shall be considered nonconforming in the industrial zone in which it is located. This section shall be applicable only to nonconforming uses.