Loading...
Where the conditions imposed by any provision of these regulations upon the use of land or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provision of these regulations or any provision of any other law, ordinance, rule, or regulation of any kind, the regulations which are more restrictive shall govern unless specifically excepted.
(Ord. passed - -2000)
(A) These regulations are not intended to abrogate, annul, or otherwise interfere with any easement, covenant, or other private agreement or legal relationship.
(B) Where the provisions of these regulations are more restrictive (or impose higher standards or requirements) than the easements, covenants, or other private agreements or legal relationships, the provisions of these regulations shall govern.
(Ord. passed - -2000)
NONCONFORMING USES
(A) Within the districts established by this chapter or amendments that may later be adopted, there exists lots, structures, and uses of land and structures 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 amendment.
(B) It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. The uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, and not be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(C) A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off of the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
(D) 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 in which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual construction has been diligently carried on.
ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent positions and fastened in a permanent manner, except that where demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
(Ord. passed - -2000) Penalty, see § 153.999
Nonconforming uses are of three types:
(A) Nonconforming lot of record. A lot which is part of a recorded subdivision or a parcel of land, the deed to which was recorded prior to the adoption of these regulations, and the lot does not comply with the lot area or width requirements of the district in which it is located;
(B) Nonconforming structure. A structure that existed prior to the adoption of these regulations that does not comply with the lot coverage, height, or yard requirements which are applicable to structures in the zoning district in which it is located; and
(C) Nonconforming uses. A use of a structure or of land that lawfully existed prior to the adoption of these regulations which does not comply with the use regulations applicable in the zoning district in which it is located.
(Ord. passed - -2000)
The Zoning Board of Adjustment may issue a building permit for a nonconforming lot of record, provided that:
(A) The lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of the size and width at that location would have been prohibited by any zoning regulations;
(B) The lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of the lot has been prohibited by any zoning regulations;
(C) The lot can meet all yard regulations for the district in which it is located; and
(D) The lot can meet minimum sanitation requirements by connecting a sanitary sewer line.
(Ord. passed - -2000)
Loading...