- NONCONFORMING STRUCTURES AND USES
Nonconforming structures may remain subject to the following regulations:
A.
Alterations—A nonconforming structure shall not be enlarged, replaced or structurally altered except in conformance with the Zoning Order. Any structure, however, may be restored to a safe condition if declared unsafe by the enforcement officer or other public official with jurisdiction.
B.
Reserved.
C.
Construction—Proposed structures for which building and/or zoning permits have been issued prior to their designation as nonconforming by virtue of the adoption or amendment of the Zoning Order may be completed as originally intended and as indicated on said permits, provided that such structures are completed within one (1) year after the date on which the building permit was issued.
(Ord. No. 30-83, § 1, 1-11-84)
Nonconforming uses may be continued subject to the following regulations:
A.
Extension—A nonconforming use shall not be extended beyond the scope and area of its operation at the time of the adoption of the regulation which makes such use nonconforming.
B.
Discontinuance—Whenever a nonconforming use of any structure or premises has been discontinued for a period of twelve months, except when government action or structural damage prevents such use, said structure or premises must thereafter be used in conformance with the Zoning Order.
C.
Change—The nonconforming use of a premises may be changed to another nonconforming use, provided such new nonconforming use is permitted within the same or a more restrictive zoning district.
D.
Restoration—Whenever the nonconforming use of any structure or premises is halted because of the damage, destruction or demolition of the structure by any means, the structure involved may be reconstructed or repaired in conformance with the Zoning Order and the nonconforming use resumed, provided that such nonconforming use is not extended beyond the scope and area of its operation as it existed prior to such damage, destruction or demolition.
E.
Exception—Cemeteries existing prior to the adoption of the Zoning Ordinance shall be permitted to expand or extend their boundaries to adjoining properties, provided that such expansion or extension shall only be permitted as a conditional use, subject to the requirements, conditions and procedures contained in Article 5 of the Zoning Ordinance.
(Ord. No. 21-2001, 12-18-01)
In any case where a lot of official record or a lot which has received final plat approval by the Planning Commission, at the date of the adoption or amendment of this Zoning Order does not conform to the width, depth or area requirements of this Zoning Order with respect to such lots, it shall be considered a legal nonconforming lot.
Any such lot which has received preliminary plat approval by the Planning Commission shall be reviewed by the Planning Commission and may be considered a legal nonconforming lot if it is found that such lot may reasonably be used as a building site for any structure or use permitted within the zoning district involved without requiring a dimensional variance.
Any subdivision or tract of land which has been previously rezoned to a residential classification may be developed in accordance with the lot area requirements for said zoning district rather than the area requirements contained in this Zoning Order, provided that all requirements of the subdivision regulations are observed.
On any nonconforming structure or portion of structure, and on any structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring or plumbing or other parts, provided that the cubic content of the nonconforming structure or portion shall not be increased. Nothing in this Zoning Order shall be deemed to prevent the strengthening, repairing, or restoring to a safe condition of any structure or a part thereof.
- NONCONFORMING STRUCTURES AND USES
Nonconforming structures may remain subject to the following regulations:
A.
Alterations—A nonconforming structure shall not be enlarged, replaced or structurally altered except in conformance with the Zoning Order. Any structure, however, may be restored to a safe condition if declared unsafe by the enforcement officer or other public official with jurisdiction.
B.
Reserved.
C.
Construction—Proposed structures for which building and/or zoning permits have been issued prior to their designation as nonconforming by virtue of the adoption or amendment of the Zoning Order may be completed as originally intended and as indicated on said permits, provided that such structures are completed within one (1) year after the date on which the building permit was issued.
(Ord. No. 30-83, § 1, 1-11-84)
Nonconforming uses may be continued subject to the following regulations:
A.
Extension—A nonconforming use shall not be extended beyond the scope and area of its operation at the time of the adoption of the regulation which makes such use nonconforming.
B.
Discontinuance—Whenever a nonconforming use of any structure or premises has been discontinued for a period of twelve months, except when government action or structural damage prevents such use, said structure or premises must thereafter be used in conformance with the Zoning Order.
C.
Change—The nonconforming use of a premises may be changed to another nonconforming use, provided such new nonconforming use is permitted within the same or a more restrictive zoning district.
D.
Restoration—Whenever the nonconforming use of any structure or premises is halted because of the damage, destruction or demolition of the structure by any means, the structure involved may be reconstructed or repaired in conformance with the Zoning Order and the nonconforming use resumed, provided that such nonconforming use is not extended beyond the scope and area of its operation as it existed prior to such damage, destruction or demolition.
E.
Exception—Cemeteries existing prior to the adoption of the Zoning Ordinance shall be permitted to expand or extend their boundaries to adjoining properties, provided that such expansion or extension shall only be permitted as a conditional use, subject to the requirements, conditions and procedures contained in Article 5 of the Zoning Ordinance.
(Ord. No. 21-2001, 12-18-01)
In any case where a lot of official record or a lot which has received final plat approval by the Planning Commission, at the date of the adoption or amendment of this Zoning Order does not conform to the width, depth or area requirements of this Zoning Order with respect to such lots, it shall be considered a legal nonconforming lot.
Any such lot which has received preliminary plat approval by the Planning Commission shall be reviewed by the Planning Commission and may be considered a legal nonconforming lot if it is found that such lot may reasonably be used as a building site for any structure or use permitted within the zoning district involved without requiring a dimensional variance.
Any subdivision or tract of land which has been previously rezoned to a residential classification may be developed in accordance with the lot area requirements for said zoning district rather than the area requirements contained in this Zoning Order, provided that all requirements of the subdivision regulations are observed.
On any nonconforming structure or portion of structure, and on any structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring or plumbing or other parts, provided that the cubic content of the nonconforming structure or portion shall not be increased. Nothing in this Zoning Order shall be deemed to prevent the strengthening, repairing, or restoring to a safe condition of any structure or a part thereof.