- NONCONFORMITIES
Any lawful use of any land or building existing on December 19, 1978, and located in a district in which it would not be permitted as a new use under the regulations of this chapter is hereby declared to be a nonconforming use and not in violation of this chapter, subject to the regulations in this article.
(Code 1983, § 60.81)
Where on December 19, 1978, the lawful use of land exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful, provided such nonconforming use shall not be changed, moved, enlarged or increased.
(Code 1983, § 60.82)
If such nonconforming use of land ceases for any reason for a period of more than one year, such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(Code 1983, § 60.83)
Where on December 19, 1978, the lawful use of a building or structure exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful; provided that such nonconforming use shall not be changed, moved, enlarged or increased, subject however to the following provisions:
(1)
If any such nonconforming use of a building ceases for a continuous period of more than six months, such use shall not thereafter be allowed.
(2)
A nonconforming use of a building or structure may be changed to another nonconforming use, provided that the other use is similar to or more restrictive than the existing nonconforming use. If a nonconforming use has been changed to a conforming use, it shall not thereafter be changed to a nonconforming use.
(3)
Where nonconforming use status applies to a building, structure and land in combination, removal or destruction of the building shall eliminate the nonconforming status of land.
(Code 1983, § 60.84)
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory building may be erected on any single lot of record January 3, 1979. This section shall apply even though such lots fail to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width or both of the lot shall conform to the regulations for the district in which such lot is located. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record on December 19, 1978, passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, then no portion of such parcel shall be used or occupied which does not meet lot width and area requirements established by this chapter, nor shall any division of parcel be made that leaves remaining any lot width or area below the requirements stated in this chapter.
(Code 1983, § 60.85)
If any nonconforming building or structure is damaged beyond the state equalized value, such structure may only be repaired if it conforms to the provisions of this chapter, and if less than the state equalized value, repairs must be begun within six months and completed within one year in order to maintain its nonconforming status. This section does not apply to residential structures which may be reconstructed in all business and office districts.
(Code 1983, § 60.86; Ord. No. 10-09, § 1, 1-4-10)
Any nonconforming building or structure to be moved in whole or in part to another location shall conform to all regulations of the district in which such building or structure is to be located.
(Code 1983, § 60.87)
Where detailed plans and specifications for a building or structure have been filed, which would conform with the zoning regulations effective at the date of such filing but not with the regulations of this chapter, and where a building permit for such building or structure has been issued and construction work started on January 3, 1979, such work may proceed provided it is completed within one year of such date.
(Code 1983, § 60.88)
- NONCONFORMITIES
Any lawful use of any land or building existing on December 19, 1978, and located in a district in which it would not be permitted as a new use under the regulations of this chapter is hereby declared to be a nonconforming use and not in violation of this chapter, subject to the regulations in this article.
(Code 1983, § 60.81)
Where on December 19, 1978, the lawful use of land exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful, provided such nonconforming use shall not be changed, moved, enlarged or increased.
(Code 1983, § 60.82)
If such nonconforming use of land ceases for any reason for a period of more than one year, such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(Code 1983, § 60.83)
Where on December 19, 1978, the lawful use of a building or structure exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful; provided that such nonconforming use shall not be changed, moved, enlarged or increased, subject however to the following provisions:
(1)
If any such nonconforming use of a building ceases for a continuous period of more than six months, such use shall not thereafter be allowed.
(2)
A nonconforming use of a building or structure may be changed to another nonconforming use, provided that the other use is similar to or more restrictive than the existing nonconforming use. If a nonconforming use has been changed to a conforming use, it shall not thereafter be changed to a nonconforming use.
(3)
Where nonconforming use status applies to a building, structure and land in combination, removal or destruction of the building shall eliminate the nonconforming status of land.
(Code 1983, § 60.84)
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory building may be erected on any single lot of record January 3, 1979. This section shall apply even though such lots fail to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width or both of the lot shall conform to the regulations for the district in which such lot is located. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record on December 19, 1978, passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, then no portion of such parcel shall be used or occupied which does not meet lot width and area requirements established by this chapter, nor shall any division of parcel be made that leaves remaining any lot width or area below the requirements stated in this chapter.
(Code 1983, § 60.85)
If any nonconforming building or structure is damaged beyond the state equalized value, such structure may only be repaired if it conforms to the provisions of this chapter, and if less than the state equalized value, repairs must be begun within six months and completed within one year in order to maintain its nonconforming status. This section does not apply to residential structures which may be reconstructed in all business and office districts.
(Code 1983, § 60.86; Ord. No. 10-09, § 1, 1-4-10)
Any nonconforming building or structure to be moved in whole or in part to another location shall conform to all regulations of the district in which such building or structure is to be located.
(Code 1983, § 60.87)
Where detailed plans and specifications for a building or structure have been filed, which would conform with the zoning regulations effective at the date of such filing but not with the regulations of this chapter, and where a building permit for such building or structure has been issued and construction work started on January 3, 1979, such work may proceed provided it is completed within one year of such date.
(Code 1983, § 60.88)