(a)

It is the purpose of this article to provide for the regulation of legally nonconforming structures, lots of record and uses, and to specify those circumstances and conditions under which such nonconformities shall be permitted to continue. It is necessary and consistent with the regulations prescribed by this chapter that those nonconformities which adversely affect orderly development and the value of nearby property not be permitted to continue without restriction.

(b)

This article limits the development and continued existence of uses, structures, and lots established prior to the effective date of the ordinance from which this chapter is derived which do not conform to the requirements herein.

(c)

The limitations of this article shall not apply to uses, structures, or lots whose nonconforming features are the subject of a variation or special use permit.

(Ord. No. 2020-17, exh. F, § 5:01, 9-15-2020)

(a)

Any lawfully established use of a building or land, at the effective date of the ordinance from which this chapter is derived, or of amendments thereto, that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein.

(b)

No use, which is accessory to a principal nonconforming use, shall continue after such principal use shall have ceased or been terminated, unless it shall thereafter conform to all regulations of this chapter.

(Ord. No. 2020-17, exh. F, § 5:02, 9-15-2020)

The purchaser of property constituting a legal nonconforming use is entitled to the same rights as the grantor of that property except as provided in Section 36-214.

(Ord. No. 2020-17, exh. F, § 5:03, 9-15-2020)

(a)

Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use which conforms to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use.

(b)

Whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of twelve (12) consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be re-established and the use of the premises thereafter shall be in conformity with the use regulations of this chapter.

(c)

Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six (6) months shall constitute abandonment and said land shall not thereafter be used in a nonconforming manner.

(Ord. No. 2020-17, exh. F, § 5:04, 9-15-2020)

(a)

So long as a building or structure is used or is eligible for use, normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs, replacement of roof covering, veneering of outer walls, and incidental alterations which do not extend or intensify the nonconforming use.

(b)

No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:

(1)

When the alteration is required by law.

(2)

When the alteration will result in eliminating the nonconforming use.

(3)

When a building containing residential nonconforming uses is altered in any way to improve livability, provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.

(Ord. No. 2020-17, exh. F, § 5:05, 9-15-2020)

(a)

A building containing a nonconforming use may be enlarged or extended only if the entire building is thereafter devoted to a conforming use and is made to conform to all the regulations of the district in which it is located.

(b)

A nonconforming use of land shall not be increased in intensity, nor be expanded or extended beyond the area it occupied at the date of the adoption of the ordinance from which this chapter is derived or any amendment thereto.

(c)

A nonconforming use shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of the ordinance from which this chapter is derived, or the effective date of any amendment thereto, rendering such use nonconforming and shall not be expanded so that it displaces any conforming use in the same structure or on the same parcel.

(d)

No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

(e)

No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed at the effective date of the ordinance from which this chapter is derived, or to displace any conforming use in the same building or on the same parcel.

(Ord. No. 2020-17, exh. F, § 5:06, 9-15-2020)

When a lawfully existing building or other structure otherwise conforms to the height, bulk and yard regulations of this chapter, but is nonconforming only in the particular manner hereinafter specified, the building and use thereof shall be exempt from the requirements of Sections 36-214 through 36-216, and Section 36-218.

(1)

In any residential district, where a dwelling is nonconforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein.

(2)

In any residential district, where a use permitted in the B-1 district occupies ground floor space within a multiple-family dwelling located on a corner lot.

(3)

In any business, manufacturing or industrial district, where the use is less distant from a residential district than that specified in the regulation for the district in which it is located.

(4)

In any district, where an established use is nonconforming with respect to the standards prescribed in this chapter for off-street parking or loading.

(5)

In any A-1 Agricultural District where an established non-farm dwelling was located on or before July 10, 1973, it shall be deemed to be a legal use.

(Ord. No. 2020-17, exh. F, § 5:07, 9-15-2020)

Any nonconforming use may be made a special use by the granting of a special use permit as authorized by Article II of this chapter, if the use meets the requirements and standards applicable to special use approval, and if the use is authorized by the provisions of this chapter.

(Ord. No. 2020-17, exh. F, § 5:08, 9-15-2020)

(a)

Any legal nonconforming building or structure may be continued in use, provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

(b)

Any building for which a permit has been lawfully granted prior to the effective date of the ordinance from which this chapter is derived, or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within six (6) months and diligently pursued to completion. Such building shall thereafter be deemed a lawfully established building.

(c)

No structure in an R-3, R-4, R-5, R-6 or R-7 zoning district, which is accessory to a principal nonconforming structure, shall continue after such principal structure shall have ceased or terminated, unless it shall thereafter conform to all regulations of this chapter. This requirement may be waived if, in the opinion of the Zoning Administrator, maintaining the accessory structure will not adversely affect the health, safety, value, or general welfare of adjoining or neighboring properties. The Zoning Administrator may, at the Administrator's discretion, refer the matter to the PBZ Committee for review and recommendation.

(Ord. No. 2020-17, exh. F, § 5:09, 9-15-2020)

Normal maintenance of a nonconforming building or other structure is permitted, including necessary structural repairs, replacement of roof covering, veneering of outer walls, and incidental alterations which do not constitute additions or expansions as regulated by Section 36-221.

(Ord. No. 2020-17, exh. F, § 5:10, 9-15-2020)

A building or structure which is nonconforming with respect to yards, maximum lot coverage, height, or any other element of bulk regulated by this chapter shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the yard, height or bulk regulations for the district in which it is located, except where a variation is granted according to the regulations of Article II of this chapter.

(Ord. No. 2020-17, exh. F, § 5:11, 9-15-2020)

(a)

No repairs or reconstruction shall be made unless construction is commenced within one (1) year from the date of the fire or other casualty or act of God and is diligently pursued until completion. The structure may be restored to its original condition and the occupancy or use of such structure may be continued which existed at the time of such partial destruction. Failure to initiate or conclude restoration within these limits shall constitute abandonment, after which said building must conform to the provisions of the zoning district in which it is located, except as otherwise specified in Subsection (b) of this section.

(b)

Any accessory building or structure located in an R-5, R-6 or R-7 district that is damaged by any means, if such damage results in a loss of property of fifty (50) percent or greater, as based on floor area as determined by the PBZ Department, shall not be reconstructed unless such reconstruction is in conformance with setback, height and other bulk regulations of this chapter.

(Ord. No. 2020-17, exh. F, § 5:12, 9-15-2020)

Nonconforming signs, billboards, and outdoor advertising structures shall be subject to the rules and regulations as specified in Article VI of this chapter.

(Ord. No. 2020-17, exh. F, § 5:13, 9-15-2020)

(a)

When a lawfully existing building or other structure otherwise conforms to the use regulations of this chapter but is nonconforming only in the particular manner hereinafter specified, the building shall be exempt from the requirements of Section 36-221 through 36-223.

(b)

Any single-family dwelling which became nonconforming on the effective date of the ordinance from which this chapter is derived and is nonconforming only as to total lot area, front, side or rear yard requirements may be remodeled, extended, or structurally altered if, in the opinion of the Zoning Administrator, such alteration will not adversely affect the health, safety, value, or general welfare of adjoining or neighboring properties. The Zoning Administrator may, at the Administrator's discretion, refer the matter to the PBZ Committee for review and recommendation.

(Ord. No. 2020-17, exh. F, § 5:14, 9-15-2020)

(a)

A lot which met the lot area, lot width, and other dimension requirements of the zoning district at the time such lot was recorded shall be considered a legal nonconforming lot. Construction of new buildings, or repair of existing buildings that are being used for permitted uses, shall be permitted, provided setback provisions of this chapter are met. Where setback and/or lot area provisions cannot be met, the PBZ Director may permit an exception. If the lot is served by a sanitary sewer line, exceptions may be granted up to the standards of the zoning district at the time such lot was recorded. If the lot is non-sewered, an exception of up to twenty-five (25) percent of the required setback or lot size may be granted if requirements of the County Health Department are met. Where a setback reduction of more than twenty-five (25) percent is required, a variance shall be required.

(b)

A lot which was established in an agricultural district by recorded deed or is part of an approved plat of subdivision or was otherwise legally established on or before the adoption of the ordinance from which this chapter is derived, may be used for single-family residence purposes, provided that the yard requirements of the R-2 district are complied with.

(Ord. No. 2020-17, exh. F, § 5:15, 9-15-2020)