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§ 153.083 EXISTING LOTS OF RECORD.
   In any district where single-family residences are permitted, a single-family detached dwelling may be erected on any lot which is of official record on the effective date of this chapter, subject to the following restrictions.
   (A)   Minimum lot width. There must be provided a minimum lot width of 50 feet.
   (B)   Yards.
      (1)   There must be provided a minimum of ten feet in side yards with five feet on any one side.
      (2)   The front and rear yards must comply with the requirements set forth for the zoning district within which the lot of record is located.
(Prior Code, § 10-4-9) (Ord. 2009-3, passed 5-15-2009) Penalty, see § 153.999
§ 153.084 MULTIPLE DWELLINGS.
   (A)   For purposes of this section, a DWELLING includes a trailer, mobile home, manufactured home, modular home, factory built home, or recreational vehicle (RV).
   (B)   Multiple dwelling parks are prohibited within the corporate boundaries of the Town of Bernice without prior approval by the Board of Trustees.
      (1)   A multiple dwelling park means any place where more than two (2) dwellings are located within 500 feet of one another on a lot, two or more adjacent lots, a tract, or a parcel of land under the same ownership for which the primary purpose is to rent or lease space, or keep space for rent or lease, to any person, group, or business for a fee paid or to be paid for use or to offer use of space free of charge in connection with securing patronage of or services from any person, group, or business.
      (2)   A multiple dwelling park does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one dwelling per lot if the subdivision was previously approved by the Board of Trustees.
      (3)   A request for approval for a multiple dwelling park must be submitted to the Board of Trustees in writing, detailing the number of dwellings, type of dwelling, and any potential impact on other residence of the Town of Bernice.
   (C)   Dwellings in existence prior to July 1, 2005 are exempt from the provisions of Subsection (B).
(Ord. 2023-5.30-4, 5-30-2023)
NON-CONFORMING BUILDINGS AND USES
§ 153.095 INTENT.
   (A)   Within the districts established by this chapter, or amendment that may later be adopted, there exist lots, structures and uses of land and structures which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment.
   (B)   (1)   It is the intent of this chapter to permit these non-conformities to continue until they are removed, but not to encourage their survival.
      (2)   Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved.
      (3)   It is further the intent of this chapter that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
   (C)   A non-conforming use of a structure, a non-conforming use of land or a non-conforming use of a structure and land shall not be extended or enlarged after adoption of this chapter.
(Prior Code, § 10-5-1) (Ord. 2009-3, passed 5-15-2009) Penalty, see § 153.999
§ 153.096 NON-CONFORMING LOTS OF RECORD.
   (A)   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 buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter.
   (B)   Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
   (C)   Variance of area, width and yard requirements shall be obtained only through action of the Board of Adjustment.
(Prior Code, § 10-5-2) (Ord. 2009-3, passed 5-15-2009) Penalty, see § 153.999
§ 153.097 NON-CONFORMING STRUCTURES.
   Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
   (A)   Alterations. No such structure may be enlarged or altered in a way which increases its non- conformity.
   (B)   Destruction. Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter.
   (C)   Moving structure. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Prior Code, § 10-5-3) (Ord. 2009-3, passed 5-15-2009) Penalty, see § 153.999
§ 153.098 NON-CONFORMING USES OF STRUCTURES.
   If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
   (A)   Moving or altering structure. No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located.
   (B)   Enlarging or extending. No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be extended or enlarged, except in changing the use of the structure to a use permitted in the district in which it is located, except any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of the adoption of this chapter, but no such use shall be extended to occupy any land outside such building.
   (C)   Non-conforming use superseded by permitted use. 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 district in which such structure is located, and the non-conforming use may not thereafter be resumed.
   (D)   Discontinuance or abandonment. When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
   (E)   Removal to eliminate non-conforming status. Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non- conforming status of the land.
(Prior Code, § 10-5-4) (Ord. 2009-3, passed 5-15-2009) Penalty, see § 153.999
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