Ocean View City Zoning Code
ARTICLE XIV
Nonconforming Situations
§ 140-88 Definition; intent.
A.
Definition. "Nonconforming situations" are existing lots, buildings and structures, uses of land, and signs and billboards that were lawful before this chapter was adopted or amended but would be prohibited, regulated, or restricted under the provisions of this chapter.
B.
Intent. Nonconforming situations may continue until they are removed, discontinued, or destroyed as provided for in this chapter, but their survival is not encouraged.
§ 140-89 Provisions applying to all nonconforming situations.
A.
Continuation permitted. Except as otherwise provided in this chapter, any nonconforming situation may continue as existing on the effective date of adoption or amendment of this chapter.
B.
Effect of ownership change. Any change of title or right to possession shall not affect the continuation of a nonconforming situation, provided that the change in ownership does not result in changes inconsistent with any of the provisions of this chapter.
C.
Proof of legal nonconformity. The landowner shall have the burden of establishing entitlement to the continuation of nonconforming situations or completion of nonconforming projects.
§ 140-90 Nonconforming lots.
A.
Definition. A "nonconforming lot" is a recorded lot, whose lot area and/or lot width were lawful before this chapter was adopted, revised or amended, that does not meet the standards governing lot area and/or lot width of this chapter.
B.
Development standards for vacant, nonconforming lots. On a vacant, nonconforming lot, a single-family dwelling may be erected without a variance under the following conditions:
(1)
A single-family dwelling is a permitted use in the zoning district where the dwelling is to be erected;
(2)
All other applicable dimensional standards are complied with except for lot area and/or lot width; and
(3)
The applicant does not own, or have control over, a sufficient amount of adjacent land to create a conforming lot without causing additional nonconforming situations.
C.
Development standards for improved, nonconforming lots. On an improved, nonconforming lot, a building or structure may be enlarged, extended, or altered without a variance as long as all other applicable dimensional standards are complied with except for lot area and/or lot width.
§ 140-91 Nonconforming uses.
A.
Definition. A "nonconforming use" is a use or activity, which was lawful before this chapter was adopted, revised or amended, that is not permitted pursuant to this chapter.
B.
Continued existence. Although nonconforming uses are incompatible with permitted uses in their respective zoning districts, any nonconforming use may continue under the following conditions:
(1)
A nonconforming use of a building, structure, or lot shall not be extended or enlarged;
(2)
A building or structure containing a nonconforming use shall not be enlarged, extended, constructed, reconstructed, moved or structurally altered to extend or enlarge the area devoted to a nonconforming use; and
(3)
A nonconforming use shall not be changed to, or replaced with, another nonconforming use.
C.
Termination of legal, nonconforming status.
(1)
When a nonconforming use ceases for any reason for more than one year and one day, its legal, nonconforming status is terminated. Any subsequent use shall conform to the applicable regulations in this chapter.
(2)
When a building or structure containing a nonconforming use is destroyed by more than 50% of its replacement cost at the time of destruction, the nonconforming use may not be reestablished. Any subsequent use of the land must conform to the provisions of this chapter.
§ 140-92 Nonconforming buildings and structures.
A.
Definition. A "nonconforming building or structure" is a building or structure, whose dimensional and density characteristics were lawful before this chapter was adopted, revised, or amended, that does not meet the dimensional and density standards of this chapter.
B.
Regulations.
(1)
Normal repair and maintenance is permitted.
(2)
A nonconforming building or structure may not be enlarged or altered in any way that increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(3)
A nonconforming building or structure may not be enlarged or altered in any way to accommodate the establishment or extension of any nonconforming use.
(4)
If a nonconforming building or structure is moved, it shall be located in a manner that conforms to the requirements of the zone in its new location.
C.
Termination of legal, nonconforming status.
(1)
When a nonconforming building or structure, as defined in this section, is destroyed by more than 50% of its replacement cost at the time of destruction:
(a)
The new or restored building or structure shall conform to current dimensional and density standards of this chapter.
(b)
Should dimensional restrictions or irregularities of the lot prevent placement of a new building of the same size footprint, then said structure will be erected, to meet as closely as possible, the requirements of the zoning district wherein the parcel lies, as determined by the Administrative Official.
(2)
When a building or structure, containing a nonconforming use, is destroyed by more than 50% of its replacement cost at the time of destruction, the nonconforming use may not be reestablished. Any subsequent use of the land must conform to the regulations of this chapter.
D.
Restoration when destruction less than 50%. Restoration of a building or structure destroyed by less than 50% of its replacement market value, as established by an appraisal prepared by a professional appraiser qualified to do business in the State of Delaware, shall be permitted, provided that the restoration commences within 12 months from the date of destruction.
E.
Unsafe buildings and structures. Replacement or repair of portions of a building or structure declared by the Administrative Official to be a hazard or unsafe shall be permitted, provided that:
(1)
The repairs or replacement do not increase the gross floor area of the building or increase the degree of nonconformity with the setback requirements; and
(2)
The portions declared unsafe do not exceed 50% of the replacement market value of the whole structure, as established by an appraisal prepared by a professional appraiser qualified to do business in the State of Delaware.
§ 140-93 Nonconforming signs and billboards.
A.
Definition. A "nonconforming sign or billboard" is a sign, whose characteristics were lawful before this chapter was adopted, revised, or amended, that does not meet the current standards of this chapter.
B.
Continued existence. A nonconforming sign may be continued under the following conditions:
(1)
Normal repair and maintenance is permitted;
(2)
A nonconforming sign shall not be enlarged or altered in a way that increases its nonconformity. It may be altered in a way that decreases its nonconformity; and
(3)
A nonconforming sign shall not be used as grounds for permission to construct additional signs that do not conform to the standards of this chapter.
C.
Termination of legal nonconforming status.
(1)
When a nonconforming sign is destroyed, by any means to the extent of 50% of its replacement value, or is removed, its legal, nonconforming status is terminated.
(2)
Signs lawfully existing and maintained as nonconforming signs prior to the effective date of this chapter shall be removed unless, within five years of the effective date of this chapter, said signs are brought into compliance with this chapter.
(3)
Any subsequent sign shall conform to provisions of this chapter.