Within the zoning districts established by this Resolution or amendments that may later be adopted, there may exist lots, structures, and uses of land and structures which were lawful before this Resolution was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Resolution or future amendments. It is the intent of this Resolution to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this Resolution to be incompatible with allowed uses in the districts involved. It is further the intent of this Resolution that nonconformities shall not be enlarged, expanded, extended or be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

A nonconforming use of a structure, nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this Resolution by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.

To avoid undue hardship, nothing in this Resolution shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun and for which a valid permit was obtained prior to the effective date of adoption or amendment of this Resolution. (Section 27.26 governing expiration of permits shall apply.) Actual construction shall include both substantial site preparation and demolition or removal of an existing building.

(Amended July 11, 2022, ZA22-001)

A single lot of record which does not meet the requirements for area or width, or both, of this Resolution may be used or sold for the erection of those buildings and accessory buildings necessary to carry out the allowed uses in that district, provided (Amended February 24, 1986, ZA86-02-02):

[1]

Yard requirements and maximum lot coverage requirements of the lot shall conform to the regulations for the district in which such lot is located or a variance for yard requirements and maximum lot coverage requirements shall be obtained only through action of the Commission as provided for in Section 27.13, except, however, the side yard requirements for substandard lots of record may be reduced for each side yard at the rate of one (1) foot for each four (4) feet by which the lot width lacks fifty (50) feet, provided that such side yard shall not be reduced to less than five (5) feet on each side; (Amended July 11, 2022, ZA22-001)

[2]

Locational requirements of accessory buildings and uses as provided for in Section 4.07 are met;

[3]

Parking space requirements for all districts as provided for in Chapter 26 are met; and

[4]

Such lot does not have continuous frontage with other vacant lots in the same ownership.

If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are ^[1] of record at the time of passage or amendment of this Resolution and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Resolution and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Resolution nor shall any division of any parcel be made which would create a lot with a width or area below the requirements stated in this Resolution. Except that this section shall not apply to nonconforming lots of record where such lots existed as part of a neighborhood with similar size lots at the time of the adoption of this Resolution.

(Amended February 10, 1986, ZA86-02-01)

Where, at the effective date of adoption or amendment of this Resolution, lawful use of land which exists and that is made no longer permissible under the terms of this Resolution as enacted or amended, such use may be continued so long as it remains otherwise lawful and is subject to the following provisions:

[1]

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land that was occupied at the effective date of adoption or amendment of this Resolution;

[2]

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Resolution; and

[3]

If any such nonconforming use of land ceases for any reason for a period of more than thirty (30) days, any subsequent use of such land shall conform to the regulations specified by this Resolution for the district in which such land is located.

Where a lawful structure exists at the effective date of adoption or amendment of this Resolution that could not be built under the terms of this Resolution by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following conditions:

[1]

No such structure may be enlarged or altered in a way which increases its nonconformity;

[2]

Should such structure be destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Resolution;

[3]

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

If a lawful use of a structure, or structure and premises in combination, exists at the effective date of adoption or amendment of this Resolution that would not be allowed in the district under the terms of this Resolution, the lawful use may be continued so long as it remains otherwise lawful, subject to the following conditions:

[1]

No existing structure devoted to a use not permitted by this Resolution in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which is located;

[2]

Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of this Resolution, but no such use shall be extended to occupy any land outside such building;

[3]

If no structural alterations are made, any nonconforming use of a structure or structure and premises may be changed to another nonconforming use of the same or more restrictive nature, provided that the zoning enforcement officer determines that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the zoning enforcement officer may require appropriate conditions and safeguards in accord with the provisions of this Resolution;

[4]

When a nonconforming use of a structure or a structure and land in combination is replaced with a conforming use, such structure or land may not later revert to a nonconforming use;

[5]

When a nonconforming use of a structure or structure and premises in combination is discontinued or abandoned for two (2) years, the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located; however, if the Commission determines that the structure cannot be adapted to an allowable use, then the Commission may approve the continuance of the nonconforming use or other nonconforming use of the same or more restrictive nature;

[6]

Where a nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of land.

(Amended May 22, 1995, ZA95-05-01)

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten percent (10%) of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this Resolution shall not be increased.

Nothing in this Resolution shall be deemed to prevent the strengthening or restoring to a safe condition any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.