- NONCONFORMING USES AND STRUCTURES
8-1-1: Within the Districts established by this Code or amendments that may later be adopted, there exists lots, structures, uses or land and structures, and characteristics of use which were lawful before the Code was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Code, or future amendments.
8-1-2: It is the intent of this Code to permit these nonconformities to continue, but not to encourage their survival. Nonconformities may be permitted to be enlarged or added to, but only in a limited manner, and as provided in this Chapter.
8-1-3: A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this Code. To avoid hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any building upon which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Code and upon which actual building construction has been carried on diligently.
8-2-1: Whenever a nonconforming use, or portion thereof, involving an enclosed structure having a value in excess of $1,000 is discontinued for a period of six (6) consecutive months, or changed, the use of such structure thereafter shall be in conformance with the regulations of the District. (Ord. 2020-06)
8-2-2: When no enclosed structure having a value in excess of $1,000 is involved, discontinuance of a nonconforming use for a period of 3 months shall constitute abandonment and shall not thereafter be used in a nonconforming manner.
8-2-3: Whenever any part of a structure, or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this Code, such premises shall not thereafter be used or occupied by a nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use.
8-3-1: Whenever any structure or portion thereof, which is devoted to a nonconforming use, is destroyed by any means to the extent of more than 70 percent of current replacement value immediately prior to such damage, it shall not be reconstructed or used unless such structure and use thereof shall conform to all regulations and provisions of this Code, except as provided in the C1, Central Business District.
8-3-2: Whenever any structure, or portion thereof, which is devoted to a nonconforming use is destroyed by any means to the extent of less than 70 percent of current replacement value immediately prior to such damage, such structure may be reconstructed and used for the same purposes as it was before the destruction, provided such repair or reconstruction is commenced within a period of 90 days and completed within 12 months of the date of such damage or destruction.
8-3-3: Whenever any residential structure, or portion thereof, which is located in a commercial district is destroyed by any means, such residential structure may be reconstructed and used for the same residential purpose as it was before the destruction, provided such repair or reconstruction is commenced within a period of 90 days and completed within 12 months of the date of such damage or destruction.
8-4-1: A building or structure which is conforming as to use, but is nonconforming as to yards, or height, or off- street parking space, may be structurally enlarged or added to provided that the enlargement or addition complies with the yard and height and off-street parking requirements of the district in which such building or structure is located.
8-4-2: No nonconforming structure or building shall be moved, in whole or in part, to another location unless every portion of such building or structure is made to conform to all the regulations of the district in which it is to be located.
8-5-1: Any lawfully established use of a structure or land, on the effective date of this Code, or of amendments hereto, 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.
8-5-2: Any legal nonconforming structure may be continued in use, provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.
8-5-3: All outdoor advertising structures, signs, and business signs existing on or prior to the effective date of the adoption of this Code or amendments hereto, or the effective date of a change in land use classification which may occur hereafter, which does that do not conform to the provisions of this Code relating to the district in which such outdoor advertising structures, signs, and business signs are located shall be considered nonconforming and may be continued except as otherwise provided herein.
8-5-4: Any structure for which a permit has been lawfully granted prior to effective date of this Code, or of amendments hereto, may be completed in accordance with the approved plans; provided construction is started within 90 days from the date of adoption hereof and diligently pursued to completion. Such structure shall thereafter be deemed a legal non-conforming use and may remain in existence except as otherwise provided herein.
Any single lot or parcel of land held in one ownership, which was of record at the time of adoption of this Code, that does not meet the requirements of minimum lot width or area specified for the zoning district in which it is located, or which was built upon such that the building setback, yards, open space, building height, or location of parking or loading spaces, do not now comply with the requirements for the District in which it is located, may be utilized for a permitted use with the yards, courts, or usable open spaces reduced to not less than 75 percent of the dimensions specified for the District in which it is located. A change in ownership of the single lot or parcel of land subsequent to the adoption.
- NONCONFORMING USES AND STRUCTURES
8-1-1: Within the Districts established by this Code or amendments that may later be adopted, there exists lots, structures, uses or land and structures, and characteristics of use which were lawful before the Code was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Code, or future amendments.
8-1-2: It is the intent of this Code to permit these nonconformities to continue, but not to encourage their survival. Nonconformities may be permitted to be enlarged or added to, but only in a limited manner, and as provided in this Chapter.
8-1-3: A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this Code. To avoid hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any building upon which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Code and upon which actual building construction has been carried on diligently.
8-2-1: Whenever a nonconforming use, or portion thereof, involving an enclosed structure having a value in excess of $1,000 is discontinued for a period of six (6) consecutive months, or changed, the use of such structure thereafter shall be in conformance with the regulations of the District. (Ord. 2020-06)
8-2-2: When no enclosed structure having a value in excess of $1,000 is involved, discontinuance of a nonconforming use for a period of 3 months shall constitute abandonment and shall not thereafter be used in a nonconforming manner.
8-2-3: Whenever any part of a structure, or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this Code, such premises shall not thereafter be used or occupied by a nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use.
8-3-1: Whenever any structure or portion thereof, which is devoted to a nonconforming use, is destroyed by any means to the extent of more than 70 percent of current replacement value immediately prior to such damage, it shall not be reconstructed or used unless such structure and use thereof shall conform to all regulations and provisions of this Code, except as provided in the C1, Central Business District.
8-3-2: Whenever any structure, or portion thereof, which is devoted to a nonconforming use is destroyed by any means to the extent of less than 70 percent of current replacement value immediately prior to such damage, such structure may be reconstructed and used for the same purposes as it was before the destruction, provided such repair or reconstruction is commenced within a period of 90 days and completed within 12 months of the date of such damage or destruction.
8-3-3: Whenever any residential structure, or portion thereof, which is located in a commercial district is destroyed by any means, such residential structure may be reconstructed and used for the same residential purpose as it was before the destruction, provided such repair or reconstruction is commenced within a period of 90 days and completed within 12 months of the date of such damage or destruction.
8-4-1: A building or structure which is conforming as to use, but is nonconforming as to yards, or height, or off- street parking space, may be structurally enlarged or added to provided that the enlargement or addition complies with the yard and height and off-street parking requirements of the district in which such building or structure is located.
8-4-2: No nonconforming structure or building shall be moved, in whole or in part, to another location unless every portion of such building or structure is made to conform to all the regulations of the district in which it is to be located.
8-5-1: Any lawfully established use of a structure or land, on the effective date of this Code, or of amendments hereto, 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.
8-5-2: Any legal nonconforming structure may be continued in use, provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.
8-5-3: All outdoor advertising structures, signs, and business signs existing on or prior to the effective date of the adoption of this Code or amendments hereto, or the effective date of a change in land use classification which may occur hereafter, which does that do not conform to the provisions of this Code relating to the district in which such outdoor advertising structures, signs, and business signs are located shall be considered nonconforming and may be continued except as otherwise provided herein.
8-5-4: Any structure for which a permit has been lawfully granted prior to effective date of this Code, or of amendments hereto, may be completed in accordance with the approved plans; provided construction is started within 90 days from the date of adoption hereof and diligently pursued to completion. Such structure shall thereafter be deemed a legal non-conforming use and may remain in existence except as otherwise provided herein.
Any single lot or parcel of land held in one ownership, which was of record at the time of adoption of this Code, that does not meet the requirements of minimum lot width or area specified for the zoning district in which it is located, or which was built upon such that the building setback, yards, open space, building height, or location of parking or loading spaces, do not now comply with the requirements for the District in which it is located, may be utilized for a permitted use with the yards, courts, or usable open spaces reduced to not less than 75 percent of the dimensions specified for the District in which it is located. A change in ownership of the single lot or parcel of land subsequent to the adoption.