Article Twelve shall be known as the Nonconforming Development Regulations. The purposes of these regulations are:

1. To allow for reasonable use of legally created lots of record which do not meet current minimum requirements for their respective zoning districts.

2. To provide for reasonable use of legally constructed structures which do not meet current site development regulations for their respective zoning districts.

3. To allow for the reasonable continuation of legally established uses which do not meet current use regulations for their respective zoning districts.

4. To allow for the reasonable continuation of legally established uses which do not meet current use regulations for their respective zoning districts.

5. To limit the continuation and provide for the gradual replacement of nonconforming uses.

Regulations for nonconforming uses are in addition to regulations for nonconforming structures. In the event of a conflict, the most restrictive regulation shall apply.

Nonconforming lots are lots or parcels of land that do not meet the minimum lot width, length or area requirements of this Ordinance for permitted uses in the zoning district in which the lot or parcel is located. Nonconforming lots or parcels shall not be built on, except for those nonconforming lots or parcels that are legal lots of record. A nonconforming lot or parcel is considered a legal lot of record if any of the following conditions are met:

1.   Lots in Existence Prior to Zoning. Any lot, the contract or deed to which was recorded in the office of the County Recorder prior to the adoption of this chapter, the effective date of the first adoption of zoning by the City of Mount Vernon, and has not been changed since; or

2.   Residual Parcels. Any residual parcel that was reduced from a lot on a single deed that was legally recorded in the office of the County Recorder prior to the adoption of this chapter or from any lot legally created under ordinances in effect prior to the adoption of this chapter, and was created by a taking or dedication for a public right-of-way or public purposes, or was reduced pursuant to a court order; or

3.   Enlarged Parcels. Any parcel that was enlarged from a lot on a single deed that was legally recorded in the office of the County Recorder prior to the adoption of this chapter or from any lot legally created under ordinances in effect prior to the adoption of this chapter, voluntarily or pursuant to a court order or other legal requirement; or

4.   Bisected Lots. Any lot that was legally recorded in the office of the County Recorder prior to the adoption of this chapter or from any lot legally created under ordinances in effect prior to the adoption of this chapter, and remains as a single lot but is rendered nonconforming by a taking or dedication for a public right-of-way or public purposes; or

5.   Lots Legally Permitted Under Prior Ordinances. Any lot legally created under ordinances in effect prior to the adoption of this chapter.

These regulations apply to buildings and structures which were constructed legally under regulations in effect before the effective date of this Ordinance.

1.   Continuation.    A lawful nonconforming structure existing on the effective date of this Ordinance may be continued, repaired, maintained, or altered, subject to the provisions of this Section.

2.   Additions or Enlargements to Nonconforming Structures. A lawful nonconforming structure may be added to or enlarged if the addition satisfies one or more of the following conditions:

   A.   The enlargement or addition, when considered independently of the existing building, complies with all applicable setback, height, off-street parking, and landscaping requirements.

   B.   The nonconforming building and impervious surface coverages on the site are not increased and the building, after the addition, conforms to height and off-street parking regulations applicable to its zoning district.

   C. No permitted addition to a nonconforming structure may place a wall within ten feet of a window of an adjacent pre-existing residential structure.

3.   Moving of Nonconforming Structures. A lawful nonconforming building or structure shall not be moved in whole or in part to another location on its lot unless every part of the structure conforms to all site development regulations applicable to its zoning district.

4.   Repair of Nonconforming Structures. A lawful nonconforming building damaged by fire, explosion, storm or other calamity, except flood damages, may be repaired and reconstructed provided there is no increase in the degree of nonconformity. Repair and reconstruction within the designated floodplain shall be in conformance with Floodplain development regulations.

5.   Conversion of a Conforming Building. A conforming building shall not be changed in any way that will result in a nonconforming development.

6.   Applicability of Landscaping and Screening Regulations. A pre-existing structure, building, or development shall be exempt from Article 8, Landscaping and Screening Regulations. However, any expansion of such structure, building, or development or any adjacent new development onto property that is or becomes vacant on or after the effective date of this Ordinance shall be subject to Article 8.

1.   Continuation of Nonconforming Uses. Any nonconforming use lawfully existing on the effective date of this Ordinance may continue, subject to the limitations of this Section.

2.   Enlargement of Nonconforming Uses. A building or structure housing a lawful nonconforming use may not be added to or enlarged.

3.   Abandonment of Nonconforming Use. If any structure or property used as a lawful nonconforming use becomes vacant or unused for a continuous period of six months, any subsequent use must conform to all use regulations applicable to the property's zoning district.

4.   Change of Use. A lawful nonconforming use may be changed only to a use type permitted in a zoning district that is equal to or less intensive than that normally required for the previous use.

5.    Allowance for Repairs. Repairs and maintenance of a structure occupied by a nonconforming use may be made, provided that no structural alterations are made other than those required by law.

6.   Damage or Destruction of Structures. Should a structure occupied by a lawful nonconforming use be damaged to the extent that the cost of restoration exceeds 50 percent of the replacement cost of the structure, the nonconforming use shall no longer be permitted.

7.   Nonconforming Uses and Conditional Use Permits. A lawful pre-existing use which would require a Conditional Use Permit in its zoning district shall be presumed to have the appropriate Permit and shall be considered a conforming use. The use shall be subject to the regulations governing lapses or revocation of Permits, set forth in Article 13.