It is the intent of this article to recognize that the eventual elimination, as expeditiously as is reasonable, of existing uses or structures that are not in conformance with the provisions of this chapter is as much a subject of health, safety and welfare as is the prevention of the establishment of new uses or structures that would violate the provisions of this chapter. It is also the intent of this article that any elimination of nonconformities shall be effected so far as to avoid any unreasonable invasion of established private property rights.

(Ord. of 7-10-2006(2), § 700)

(a)

Definition. The term "nonconforming lot" means a lot that was lawfully created prior to the effective date of the ordinance from which this chapter is derived or a subsequent amendment thereto, but does not conform to the minimum land area or minimum lot width requirements established in article II of this chapter, district regulations, for the zoning district that it is located.

(b)

Required combination or recombination of nonconforming lots. Where a nonconforming lot abuts another lot of record (whether conforming or nonconforming) held in the same ownership at or subsequent to enactment of the ordinance from which this chapter is derived, such lots shall be combined or recombined as necessary to form a conforming lot or lots and shall not thereafter be subdivided except in compliance with all the requirements of this chapter.

(c)

Use of nonconforming lots.

(1)

Where a nonconforming lot cannot be combined or recombined with other such lots to form conforming lots, such nonconforming lot may be used subject to the compliance of the intended uses and structures with applicable use regulations and with applicable intensity, setback and height regulations. However, any use (such as two-family or multifamily dwelling) that requires a greater land area than the minimum land area listed in articles II and III of this chapter for the appropriate zoning district shall not be permitted on a lot which does not conform to such minimum land area requirement.

(2)

If compliance of the structures intended on the nonconforming lot with applicable setback regulations is not reasonably possible, the nonconforming lot may be used as a building site subject to the granting of a variance from such setback regulations by the board of adjustment in accordance with the provisions of article VI of this chapter.

(3)

A structure which is in active use as a residence at the time it is totally or substantially damaged (substantially is defined here as requiring repairs equal to 50 percent or more of the structure's value) may be granted a variance by the board of adjustment which would allow reconstruction or replacement of the residence notwithstanding the minimum lot size.

(Ord. of 7-10-2006(2), § 702; Ord. of 2-20-2012, § 702.3)

(a)

Definition. The term "nonconforming use" means the use of land, buildings or structures that was lawfully established prior to the effective date of the ordinance from which this chapter is derived, or a subsequent amendment thereto, but does not conform to the use regulations of article III of this chapter for the zoning district in which it is located.

(b)

Regulations. Nonconforming uses may be continued subject to the following limitations:

(1)

No nonconforming use shall be extended, expanded, enlarged or moved to occupy a different or greater area of land, buildings or structures than was occupied by such use at the time it became nonconforming, provided that a nonconforming use may be extended throughout any parts of a building which were specifically designed and arranged for such use at the time it became nonconforming.

(2)

No building, or structure devoted to a nonconforming use shall be enlarged, extended, reconstructed, moved or structurally altered unless such building or structure is thereafter devoted to a conforming use.

(3)

When a building or structure devoted to a nonconforming use is damaged to the extent of 50 percent or more of its current assessed taxable value, such a building, if restored, shall thereafter be devoted to such use and shall thereafter be devoted to a conforming use.

(4)

If a nonconforming use ceases for more than 120 consecutive days or a total of 180 days in any 12-month period, subsequent use of the land or structures previously devoted to such use shall thereafter be devoted to conforming uses.

(c)

Discontinuance. Except as otherwise provided therein, any nonconforming use of land and any nonconforming use of structures with a total replacement cost of less than $5,000.00 at the time such use became nonconforming shall cease within five years after the date of notice of nonconformity.

(Ord. of 7-10-2006(2), § 704)

(a)

Definition. The term "nonconforming feature" means a physical feature or characteristic of a use, building, structure or other development or land that was lawfully established prior to the effective date of the ordinance from which this chapter is derived or a subsequent amendment thereto, but does not conform to the provisions of this chapter that are applicable to such use, building, structure or development of land. The term "nonconforming feature" includes, but is not limited to, physical features and characteristics of development that exceed allowable maximum standards (height, etc.) and those that lack or fall short of required minimum standards (setbacks, open space/recreation space, parking and loading spaces, access and circulation arrangement and design, water supply and sewage disposal arrangement, and landscaping, requirements).

(b)

Regulations. Nonconforming features may be continued subject to the following limitations:

(1)

Action shall not be taken which increase the degree or extent of the nonconforming feature. Any enlargement, extension or structural alteration shall conform to all current requirements of this article.

(2)

When a building, structure or other development of land having a nonconforming feature is damaged or demolished to the extent of 50 percent or more of its assessed taxable value, such building, structure or development of land may be reconstructed only if the nonconforming feature is eliminated and the building or structure shall thereafter conform to the provisions of this chapter.

(c)

Discontinuance.

(1)

Any nonconforming feature shall be either eliminated or made to conform with the provisions of this chapter when any substantial alteration to the sign is proposed.

(2)

Any building, structurally independent or freestanding structure other than a sign, or other development of land (fencing, parking area or accessory structure) having a nonconforming feature and having a replacement of correction cost of less than $5,000.00 shall be either eliminated or made to conform with the provisions of this chapter within five years after the date of the notice of nonconformity.

(Ord. of 7-10-2006(2), § 706)

(a)

Definition. The term "nonconforming sign" means a sign that was lawfully established prior to the effective date of the ordinance from which this chapter is derived or a subsequent amendment thereto, but does not conform to the development standards of article III of this chapter applicable to such sign.

(b)

Regulations. Nonconforming signs may be continued subject to the following limitations:

(1)

No nonconforming sign, including its permanent message or its structure, shall be extended, enlarged, moved or otherwise altered unless such sign is made to conform to the current regulations of this chapter.

(2)

When a nonconforming sign is damaged or demolished to the extent where more than 50 percent of its display area requires replacement, such sign shall be eliminated or made to conform to the current regulations of this chapter.

(3)

When the repair, maintenance or replacement cost of a nonconforming sign exceeds $2,500.00 for a sign located on a wood base, or $6,000.00 for a sign located on a metal base, such sign shall be eliminated or made to conform to the current regulations of this chapter.

(4)

Any sign having a nonconforming feature shall be either eliminated or made to conform with the provisions of this chapter when any substantial alteration to the sign is proposed.

(c)

Amortization of nonconforming signs. Any nonconforming sign shall be either eliminated or made to conform to current regulations of this chapter in accordance with the following schedule:

(1)

Any nonconforming sign that does not conform to the requirements of section 30-246, traffic safety precautions, shall be either eliminated or made to conform to the current regulations of this chapter within 120 days after the date of notice of nonconformity.

(2)

Any nonconforming sign that is exempt from regulation under division 3 of article III of this chapter but does not conform to the temporary sign limitations in section 30-254 shall be either eliminated or made to conform to the current regulations of this chapter within 120 days after the date of notice of nonconformity.

(Ord. of 7-10-2006(2), § 708)

(a)

Minor repairs to and routine maintenance of land, buildings, or structures or to other development of land, or portion thereof, devoted to a nonconforming use or having nonconforming features are permitted, provided the cost of such repairs and maintenance within any 12-month period does not exceed 30 percent of the current assessed taxable value of the land, buildings, structure or other development of land, or portion thereof.

(b)

Any structure or other development of land, or portion thereof, devoted to a nonconforming use or having a nonconforming feature, that is declared unsafe by the building inspector because of lack of repairs and maintenance, shall not be repaired or restored, or used except in conformity with the provisions of this chapter.

(Ord. of 7-10-2006(2), § 710)