(A) Generally. Within the districts or zones established by this chapter or by amendments that may later be adopted, there exist non-conforming structures, non-conforming uses of land, and non-conforming uses of structures or of structures and land in combination which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments hereto. It is the intent of this section to permit these non-conforming uses to continue until they are removed but not to encourage their survival. It is further the intent of this section that non-conforming uses shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses which are prohibited elsewhere in the same zone. Illegal uses existing at the time this chapter is enacted shall not be validated by virtue of its enactment.
(B) Continuation of non-conforming structures.
(1) Where a lawful structure exists, at the effective date of adoption or amendment of this chapter, that could not now be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful.
(2) A non-conforming structure may be repaired or altered, provided no structural change shall be made.
(3) A structure, non-conforming as to height, yard, or lot area requirements, shall not be added to or enlarged in any manner unless such structure, including such addition or enlargement, is made to conform to the height, yard, or lot area requirements of the zone in which it is located.
(4) No non-conforming structure shall be moved in whole or in part to any other location on the lot unless every portion of each structure is made to conform to all the regulations of the zone in which it is located.
(C) Continuation of non-conforming uses of land.
(1) Where, at the time of adoption or amendment of this chapter, lawful uses of land exist which would not be permitted by the regulations imposed by this chapter, the uses may be continued so long as they remain otherwise lawful, subject to the following provisions.
(2) No such non-conforming uses shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(3) No such non-conforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this chapter.
(4) No additional structure, which does not conform to the requirements of this chapter, shall be erected in connection with such non-conforming uses of land.
(D) Continuation of non-conforming uses of structures or of structures and land in combination.
(1) If a lawful use of a structure or use of a structure and land in combination exists at the effective date of adoption or amendment of this chapter that would not now be allowed in the zone in which it is located under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(2) A non-conforming use of a structure, designed for a conforming use, shall not be expanded or extended into any other portion of such conforming structure nor changed except to a conforming use.
(3) Any structure or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone, and the non-conforming use may not thereafter be resumed.
(4) Where non-conforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.
(E) Conforming mobile home park. Any mobile home park which exists upon the effective date of adoption or amendment of this chapter and which is located in a zone which permits a mobile home park, either as a permitted use or as a special exemption, shall be regarded as a conforming use and may be continued except that any change in layout, expansion, or extension shall be subject to all provisions of this chapter.
(F) Non-conforming variance.
(1) The Board may authorize, upon appeals in specific cases, such variance from the terms of this subchapter as will not be contrary to the public interest, and where, owing to special conditions, a literal enforcement of the provisions of this subchapter will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done; provided, however, that no action shall be taken or decision made except after public hearing.
(2) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building or development on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter, and upon which actual building construction has carried on diligently. Where demolition or removal of an existing building has been substantially begun and/or preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried on diligently. ACTUAL CONSTRUCTION is hereby defined as work done which is beyond the preparation stage and which is into the stage where changes or additions are made permanent.
(G) Amortization of non-conforming uses of buildings.
(1) Whenever a non-conforming use has been discontinued for a period of 12 months, such use shall not thereafter be re-established, and the use thereafter shall conform to the provisions of this subchapter, except when the non-conforming use is dependent on seasonal trade, the discontinued period shall be extended to 14 months.
(2) No building damaged by fire or other causes, to the extent that its restoration will cost more than double its assessed valuation, shall be repaired or rebuilt except to conform to the provisions of this subchapter.
(H) Non-conformance due to reclassifications. The provisions of this section shall also apply to buildings, structures, land, or uses which hereafter become non-conforming due to reclassification of zones under this chapter, or any subsequent change in the regulations of this chapter, and any time periods specified for amortization of non-conforming uses shall be measured from the date of such reclassification or change.
(Ord. 2005-01, passed 2-17-2005) Penalty, see § 153.999