Nonconforming lot means a lot, the area or dimensions of which was lawful prior to the adoption or amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
Nonconforming structure means a structure or part of a structure, which does not comply with the applicable use or extent of use provisions of this Chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
Nonconforming use means a use, whether of land or of structure, which does not comply with the applicable use provisions of this Chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.
§ 27-802 Registration of Nonconforming Uses, Structures and Lots.
[Ord. 251, 11/14/2011]
The Zoning Officer may, upon adoption of this Chapter or amendment thereof, identify and register all nonconforming uses, structures and lots. Upon identifying the nonconformity, the Zoning Officer shall mail registration forms to the owner of record.
§ 27-803 Continuation.
[Ord. 251, 11/14/2011]
The lawful use of a building or structure or the lawful use of any land as existing as of March 29, 1999, or in the case of an amendment to this Chapter, then at the time of such amendment, may be continued except as hereinafter provided, although such use or structure does not conform to the provisions of this Chapter or subsequent amendments.
A building or structure may be erected or altered on any lot held as of the effective date of this Chapter (July 1975) in single and separate ownership which is not of the required width or minimum area, provided that the lot is of sufficient size to assure adequate and safe facilities for the disposal of sewage and waste products and there is adequate separation between sewage and waste disposal system and all water supplies; and provided that:
The maximum building coverage and impervious coverage shall meet the requirements of the proposed use in the district in which the nonconforming lot is located in.
For a permitted nonresidential use, the lot shall be subject to the floor area ratio established in §27-513 for the district in which the permitted use is located.
The aggregate of the front and rear yards shall be at least 60% of the total lot depth or meet the minimum requirements of the district in which the lot is located; but the front yard or the rear yard shall not be less than 25 feet.
The side yards shall aggregate at least 40% of the total lot width or meet the minimum requirements of the district in which the lot is located; the side yard shall not be less than 10 feet in any district.
This exception shall not apply to any two or more contiguous lots in single or common ownership as of or subsequent to the effective date of this Chapter (July 1975), in any case where a re-parceling or replatting could create one or more lots which would conform to the ordinance or which could be consolidated to minimize the nonconformity.
§ 27-805 Extension of Nonconforming Uses and Structures.
A nonconforming structure may be extended along the existing building lines or existing building plane of the existing nonconformity, provided that the expansion does not create a nonconformity with any other setback requirement and does not extend further into a required yard.
The proposed extension shall take place only upon the lot or contiguous lots held in the same ownership as that existing at the time the use became nonconforming. Permission to extend a nonconforming use as described in this Part shall not be construed to mean that a new use or uses may be established.
The proposed extension shall conform with the area and dimensional requirements in §27-513 for the district in which said extension is located and with the parking, sign, buffer and environmental standards and all other applicable requirements of this Chapter.
Any increase in floor area or land area shall not exceed an aggregate of more than 50% of the floor area or land area existing at the date the use became nonconforming.
A nonconforming structure or any structure containing a nonconforming use wholly or partially destroyed by fire, explosion, flood or other phenomenon, legally condemned or needing to be replaced or reconstructed for any reason, may be replaced or reconstructed and used for the same nonconforming use; provided, that replacement or reconstruction shall not increase the extent of any nonconformity and that replacement or reconstruction of the structure shall commence within one year from the date the structure was destroyed, condemned or removed and shall be carried on without interruption.
Any building(s) or structure(s) including mobile/manufactured homes and storage sheds, which are nonconforming with respect to area and/or dimensional criteria, may be replaced with another building or structure provided that the replacement building or structure does not increase the extent of any nonconformity beyond the existing nonconformity.
§ 27-807 Ownership.
[Ord. 251, 11/14/2011]
Whenever a lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner. A change in nonconformity is governed by §27-809.
§ 27-808 Abandonment.
[Ord. 251, 11/14/2011]
If a nonconforming use of a structure or land is abandoned for a continuous period of one year, subsequent use of such structure or land shall be in conformity with the provisions of this Chapter, unless the owner can demonstrate an intent to try to continue the use, for example, providing listings which show an attempt to rent or sell the property.
A change in use (as defined in §27-202 of this Chapter) includes any change among the specific uses identified under each category in the §27-404, “Table of Use Regulations.” Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under all of the following conditions:
Nonconforming lot means a lot, the area or dimensions of which was lawful prior to the adoption or amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
Nonconforming structure means a structure or part of a structure, which does not comply with the applicable use or extent of use provisions of this Chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
Nonconforming use means a use, whether of land or of structure, which does not comply with the applicable use provisions of this Chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.
§ 27-802 Registration of Nonconforming Uses, Structures and Lots.
[Ord. 251, 11/14/2011]
The Zoning Officer may, upon adoption of this Chapter or amendment thereof, identify and register all nonconforming uses, structures and lots. Upon identifying the nonconformity, the Zoning Officer shall mail registration forms to the owner of record.
§ 27-803 Continuation.
[Ord. 251, 11/14/2011]
The lawful use of a building or structure or the lawful use of any land as existing as of March 29, 1999, or in the case of an amendment to this Chapter, then at the time of such amendment, may be continued except as hereinafter provided, although such use or structure does not conform to the provisions of this Chapter or subsequent amendments.
A building or structure may be erected or altered on any lot held as of the effective date of this Chapter (July 1975) in single and separate ownership which is not of the required width or minimum area, provided that the lot is of sufficient size to assure adequate and safe facilities for the disposal of sewage and waste products and there is adequate separation between sewage and waste disposal system and all water supplies; and provided that:
The maximum building coverage and impervious coverage shall meet the requirements of the proposed use in the district in which the nonconforming lot is located in.
For a permitted nonresidential use, the lot shall be subject to the floor area ratio established in §27-513 for the district in which the permitted use is located.
The aggregate of the front and rear yards shall be at least 60% of the total lot depth or meet the minimum requirements of the district in which the lot is located; but the front yard or the rear yard shall not be less than 25 feet.
The side yards shall aggregate at least 40% of the total lot width or meet the minimum requirements of the district in which the lot is located; the side yard shall not be less than 10 feet in any district.
This exception shall not apply to any two or more contiguous lots in single or common ownership as of or subsequent to the effective date of this Chapter (July 1975), in any case where a re-parceling or replatting could create one or more lots which would conform to the ordinance or which could be consolidated to minimize the nonconformity.
§ 27-805 Extension of Nonconforming Uses and Structures.
A nonconforming structure may be extended along the existing building lines or existing building plane of the existing nonconformity, provided that the expansion does not create a nonconformity with any other setback requirement and does not extend further into a required yard.
The proposed extension shall take place only upon the lot or contiguous lots held in the same ownership as that existing at the time the use became nonconforming. Permission to extend a nonconforming use as described in this Part shall not be construed to mean that a new use or uses may be established.
The proposed extension shall conform with the area and dimensional requirements in §27-513 for the district in which said extension is located and with the parking, sign, buffer and environmental standards and all other applicable requirements of this Chapter.
Any increase in floor area or land area shall not exceed an aggregate of more than 50% of the floor area or land area existing at the date the use became nonconforming.
A nonconforming structure or any structure containing a nonconforming use wholly or partially destroyed by fire, explosion, flood or other phenomenon, legally condemned or needing to be replaced or reconstructed for any reason, may be replaced or reconstructed and used for the same nonconforming use; provided, that replacement or reconstruction shall not increase the extent of any nonconformity and that replacement or reconstruction of the structure shall commence within one year from the date the structure was destroyed, condemned or removed and shall be carried on without interruption.
Any building(s) or structure(s) including mobile/manufactured homes and storage sheds, which are nonconforming with respect to area and/or dimensional criteria, may be replaced with another building or structure provided that the replacement building or structure does not increase the extent of any nonconformity beyond the existing nonconformity.
§ 27-807 Ownership.
[Ord. 251, 11/14/2011]
Whenever a lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner. A change in nonconformity is governed by §27-809.
§ 27-808 Abandonment.
[Ord. 251, 11/14/2011]
If a nonconforming use of a structure or land is abandoned for a continuous period of one year, subsequent use of such structure or land shall be in conformity with the provisions of this Chapter, unless the owner can demonstrate an intent to try to continue the use, for example, providing listings which show an attempt to rent or sell the property.
A change in use (as defined in §27-202 of this Chapter) includes any change among the specific uses identified under each category in the §27-404, “Table of Use Regulations.” Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under all of the following conditions: