(a)   Legal Non-conforming Uses: Continuation. The lawful use of a building or premises existing at the time of the adoption or amendment of this Code may be continued except as hereinafter specified, although such use does not conform with the provisions of this Code for the district in which it is located. Such uses shall be known as: legal non-conforming uses.

   (b)   Legal Non-conforming Uses: Substitution. Any lawful use of any dwelling, building or structure existing at the effective date of this Code may be continued, even though such use does not conform to the provisions hereof. The legal non-conforming use of a building may be changed to another non-conforming use of the same or less intensity as determined by the Board. Whenever a legal non-conforming use has been changed to a less intense use, such use shall not thereafter be changed back to a more intense use. The non-conforming use of a building may be extended throughout those parts thereof, which were arranged and designed for such use at the time of adoption of this Code.

   (c)   Legal Non-conforming Uses: Repair, Alteration, Enlargement. Repairs, rehabilitation, incidental non-structural alterations and normal maintenance may be performed on a building or structure housing a legal non-conforming use. No building or structure being used for a legal non-conforming use shall be structurally altered or enlarged except when authorized by the Board, or required by law or Code.

   (d)   Non-conforming Use: Made to Conform. Whenever a non-conforming use has been changed to a conforming use, such use shall not thereinafter be changed to a non-conforming use.

   (e)   Non-conforming Use: Discontinuance of Use. No building, structure or premises where a non-conforming use has been discontinued for a period of twenty-four consecutive months or more shall be allowed a non-conforming use without approval by the Board.

(Ord. 08-33. Passed 5-4-09.)

   (a)   Legal Non-conforming Buildings or Structures: Continuation. Any building or structure, existing at the time of the adoption or amendment of this Code that does not comply with the requirements of this Code in terms of setbacks, size, height, lot frontage, lot area, or lot coverage for the district in which it is located may be continued and be utilized legally. Such buildings or structures shall be known as: legal non-conforming buildings or structures.

   (b)   Legal Non-conforming Buildings or Structures: Substitution. Any non-conforming building or structure, or one or more of a group of non-conforming buildings or structures which have been damaged by fire, flood, explosion, earthquake, war, riot or act of God may be reconstructed and used as before, provided such reconstruction is completed within twelve months of such calamity and the building or structure restored does not exceed the area as it existed at the time of such calamity.

   (c)   Legal Non-conforming Buildings or Structures: Repair, Alteration, Enlargement.

      (1)   When a structure is non-conforming for a reason other than size, height, setback, lot coverage, lot area or lot frontage, an alteration or enlargement shall be approved by the Board.

      (2)   When a structure is non-conforming due to size, height, setback, lot coverage, lot area or lot frontage, the following provisions are applicable:

         A.   Repairs, non-structural alterations and interior structural alterations to all structures are permitted.

         B.   Exterior structural alterations and enlargements for other than single- family dwellings and their accessory buildings shall be approved by the Board.

         C.   Exterior structural alterations to single-family dwellings are permitted.

         D.   Enlargements to a single-family dwelling and its accessory structures are permitted when:

            1.   The enlargement conforms to the height, setback and lot coverage requirements of the district and the existing structure shall not be less than five feet from any front lot line, ten feet from any rear lot line and zero feet from any side lot line, or,

            2.   The enlargement does not increase the violation of the height, setback or lot coverage requirements of the existing building; and neither the existing building nor the enlargement is less than five feet from any front lot line, ten feet from any rear lot line and three feet from any side lot line.

(Ord. 08-33. Passed 5-4-09.)

   (a)   Non-conforming Lot of Record: Single-Family Dwelling. In any district where dwellings are permitted, a new detached single-family dwelling and customary accessory buildings may be erected on any lot of official record in existence at the effective date of this Code. When such lot does not comply with the standards of the district where the lot is located, the requirements of subsection (b) hereof shall apply.

      (1)   The following minimum requirements shall apply, except as provided in Chapter 1270 and 1271.

 

 

      (2)   For a corner lot, the depth of the front yard on both streets shall be not less than that which is required in the district but in no case less than twenty feet. For an interior lot, the required depth may be reduced to the depth of the adjacent building on either side but in no case less than ten feet.

(Ord. 08-33. Passed 5-4-09; Ord. 23-22-A. Passed 9-5-23.)

   Essential service, as defined in this Code, shall be exempt from the provisions of this chapter.

(Ord. 08-33. Passed 5-4-09.)

   If any such non-conforming use of land or structure ceases for any reason, the nonconformity is considered extinct and any subsequent use of such land or structure shall conform to the regulations specified by this section for the district in which such land or structure is located, unless approved by the Board of Zoning Appeals.

(Ord. 17-04. Passed 4-17-17.)