Nonconforming situations that were otherwise unlawful on the effective date of the ordinance from which this article is derived or any amendments to this article may be continued, subject to the restrictions and qualifications set forth in sections 18-187 through 18-190.

(Code 2002, § 18-186; Ord. of 1-5-1993, art. VIII, § 1)

(a)

When a nonconforming lot can be used in conformity with all of the regulations, other than the area or width requirements, applicable to the district in which the lot is located, such a use may be made as of right. Otherwise, the nonconforming lot may be used only in accordance with authorization by the board of adjustment, upon request of the property owner. The board shall authorize such use if it finds that:

(1)

The proposed use is one permitted by the regulations applicable to the district in which the property is located; and

(2)

The property can be developed as proposed without any significant negative impact on the surrounding property or the public health, safety, or welfare.

(b)

In issuing the permit authorized by this subsection, the board may allow deviations from applicable dimensional requirements (such as setback lines and yard size minimums) if it finds that no reasonable use of the property can be made without such deviations.

(c)

Whenever this article creates a nonconforming lot and the owner of the nonconforming lot also owns land adjacent to it, and a portion of this other land can be combined with the nonconforming lot to create a conforming lot (without creating other nonconformities), the owner of the nonconforming lot, or his successor in interest, may not take advantage of the provision of subsection (a) of this section.

(Code 2002, § 18-187; Ord. of 1-5-1993, art. VIII, § 2)

(a)

Except as specifically provided in this section, it shall be unlawful for any person to engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation.

(b)

Subject to subsection (c) of this section, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this division, was manifestly designed or arranged to accommodate such use. However, subject to subsection (e) of this section (authorizing the completion of nonconforming projects in certain circumstances), a nonconforming use may not be extended to additional buildings or to land outside the original building.

(c)

The volume, intensity or frequency of use of property where a nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other subsections of this section occur.

(d)

Physical alteration of structures or the placement of new structures on open land are unlawful if they result in the following:

(1)

An increase in the total amount of space devoted to a nonconforming use;

(2)

Greater nonconformity with respect to dimensional restrictions such as yard requirements, height limitations or density requirements; or

(3)

The enclosure of the previously unenclosed areas, even though those areas were previously used in connection with the nonconforming activity. An area is unenclosed unless at least 75 percent of the perimeter of the area is marked by a permanently constructed wall or fence.

(e)

Minor repairs or routine maintenance of property where nonconforming situations exist are permitted and encouraged. Major renovation, i.e., work estimated to cost more than ten percent of the appraised value of the structure to be renovated (and not required by the partial or total destruction of a structure per subsection (g) of this section) may be done pursuant to authorization of the planning board, upon request of the owner. The planning board shall grant such authorization if it finds that the work will not result in a violation of any other subsections of this section, particularly subsection (d) of this section, or make the property more incompatible with the surrounding neighborhood.

(f)

Notwithstanding subsection (d) of this section, any structure used for single-family residential purposes and maintained as a nonconforming use may be replaced with a similar structure of a larger size, so long as the replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to yard size and setback requirements. In particular, a manufactured home may be replaced with a larger manufactured home, and a single-wide manufactured home may be replaced with a double-wide. This subsection is subject to the limitations stated in section 18-190 on abandonment and discontinuance of nonconforming situations.

(g)

A structure that is nonconforming in any respect or a structure that is used in a nonconforming manner may be reconstructed or replaced if partially or totally destroyed, subject to the following restrictions:

(1)

The total amount of space devoted to a nonconforming use may not be increased, except that a larger single-family residential structure may be constructed in place of a smaller one and a larger manufactured home intended for residential use may replace a smaller one.

(2)

The reconstructed building may not be more nonconforming with respect to dimensional restrictions such as yard requirements, height limitations or density requirements; and such dimensional nonconformities must be eliminated if that can reasonably be accomplished without unduly burdening the reconstruction process or limiting the right to continue the nonconforming use of such building.

(3)

The reconstructed building may not enclose areas that were previously unenclosed, even though those areas were used in connection with the nonconforming activity. An area is unenclosed unless at least 75 percent of the perimeter area is marked by a permanently constructed wall or fence.

(h)

Redevelopment of and expansion to nonconforming structures located within the watershed overlay district must comply with the requirements of section 18-109(b)(5)e.

(Code 2002, § 18-188; Ord. of 1-5-1993, art. VIII, § 3)

(a)

A nonconforming use may be changed to a conforming use. Thereafter, the property may not revert to a nonconforming use.

(b)

A nonconforming use may be changed to another nonconforming use only if authorized by the planning board. The board shall grant such authorization if it finds that the proposed use will be more compatible with the surrounding neighborhood than the use in operation at the time the permit is applied for. If a nonconforming use is changed to any use other than a conforming use without authorization pursuant to this subsection, that change shall constitute a discontinuance of the nonconforming use, with consequences as stated in section 18-190.

(Code 2002, § 18-189; Ord. of 1-5-1993, art. VIII, § 4)

(a)

When a nonconforming use is discontinued for a consecutive period of 180 days, or discontinued for any period of time without a present intention to reinstate the nonconforming use, the property involved may thereafter be used only for conforming purposes, except as provided in subsection (b) of this section.

(b)

The planning board may authorize a nonconforming use that has been discontinued for more than 180 consecutive days to be reinstated if it finds that the nonconforming use has been discontinued for less than two years, and the discontinuance resulted from factors that, for all practical purposes, were beyond the control of the person maintaining the nonconforming use.

(c)

If the principal activity on property where a nonconforming situation other than a nonconforming use exists is discontinued for a consecutive period of 180 days, or is discontinued for any period of time without a present intention of resuming that activity, that property may thereafter be used in conformity with all of the regulations applicable to the district in which the property is located unless the planning board specifically authorizes the property to be used for a conforming purpose without correcting the nonconforming situation. The board shall authorize such use if it finds that the nonconforming situation cannot be corrected without undue hardship or expense and the nonconforming situation is of a minor nature that does not adversely affect the surrounding property or the general public to any significant extent.

(d)

For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all of the buildings, activities and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building or one space in a nonconforming manufactured home park for 180 days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building or manufactured home park as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter. And so, if a manufactured home is used as a nonconforming use on a residential lot where a conforming residential structure also is located, removal of that manufactured home for 180 days terminates the right to replace it.

(Code 2002, § 18-190; Ord. of 1-5-1993, art. VIII, § 5)