(a) General. Any nonconforming building, structure or use which existed lawfully at the time of the adoption of this Ordinance and which remains nonconforming upon any subsequent amendments thereto, may be continued but 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. No additional signs intended to be seen from off the premises shall be utilized in conjunction with nonconforming uses of land or structures shall be permitted upon passage of this Ordinance.
(b) Single Nonconforming Lots of Record. In any district in which single-family dwellings are permitted, 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 Ordinance, not withstanding limitations imposed by other provisions of this Ordinance. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variances of requirements listed in Chapters 1121 to 1159 and 1163, other than lot area or lot width, shall be obtained only through action of the Board of Zoning Appeals as provided in Sections 1111.04 et seq.
(c) Nonconforming Lots of Record in Combination. If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Ordinance and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Ordinance.
(d) Nonconforming Uses of Land. Where, at the time of adoption of this Ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by this Ordinance, the uses may be continued so long as they remain otherwise lawful, provided:
(1) No such nonconforming use 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 Ordinance.
(2) No such nonconforming 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 Ordinance.
(3) If any such nonconforming uses of land are discontinued or abandoned for more than six (6) months (except when government action impeded access to the premises), any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.
(4) No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such nonconforming use of land.
(e) Nonconforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restriction 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, subject to the following provisions:
(1) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(2) Should such nonconforming structure or nonconforming portion of structure be destroyed by any means, it shall not be reconstructed except in conformity with the provisions of this Ordinance.
(3) 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.
(f) Nonconforming Uses of Structures or of Structures and Land in-Combination. If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building.
(3) If no structural alterations are made, any nonconforming use of a structure or structure and land, may, upon appeal to the Board of Appeals, be changed to another nonconforming use provided that the Board of Appeals shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accord with other provisions of this Ordinance.
(4) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
(5) When a nonconforming use of a structure, or structure and land in combination is discontinued or abandoned for more than two (2) years (except when government action impedes access to the premises), the structure or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(6) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(g) Relocation of Building or Structure. No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located.
(h) Displacement. No nonconforming use shall displace a conforming use.
(i) Change in Use. A nonconforming use may be changed to another nonconforming use provided that the Board of Zoning Appeals determines that the proposed nonconforming use is less in conflict with the character and intent of the zoning district than the existing nonconforming use.
(j) Nonconforming Special Uses. Uses existing prior to the enactment of this Ordinance which are listed as special uses in the district in which they are located will be considered as nonconforming uses until a special zoning certificate has been applied for and issued for said use.
(k) Repairs and Maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Ord. 1987-05. Passed 8-4-87.)
(l) Restoration. Whenever a building, the use of which does not conform to the provisions of this Ordinance is damaged by fire, explosion, or act of God to the extent of sixty percent (60%) or more of its replacement value at the time of damage it shall not be restored except in conformity with the district regulations of the district in which it is located. When damaged by less than sixty percent (60%) of its replacement value at the time of damage, it may be repaired or reconstructed, and used as before the time of damage, provided such repairs, reconstruction or reuse are started within one (1) year of the date of damage.
In the event that an owner of a nonconforming building or other structure located within the Municipality of Brookville desires to replace or improve such nonconforming building or structure, and should it be the owner’s intention to rebuild or repair or replace the said nonconforming structure or building with a similar type of nonconforming structure or building, such owner must first apply to the Planning Commission for permission to do so. The Planning Commission shall be authorized to charge a fee for such an application as is determined by the Planning Commission from time to time. In the event that the Planning Commission should determine that such a replacement of a nonconforming building or structure is an improvement over what currently has existed on the premises, the Planning Commission may, at its sole discretion, authorize that the nonconforming building or nonconforming structure may be repaired, reconstructed or replaced and used before such repairs, reconstruction, reuse or replacement would have occurred.
(Ord. 1991-08. Passed 9-17-91.)
(m) Elimination of Nonconforming Signs. Any sign which is nonconforming as to type, location, zoning district, size, setback, or for any other reason (except those signs that are an adjunct to the use of the valid nonconforming building or structure, in which case they shall be regulated by the provisions applicable to such structure). All other nonconforming signs shall be required to conform to the present Zoning Ordinance provisions or removed within five (5) years of the date of adoption of this Ordinance. Before this requirement is implemented, the person responsible for the sign may request review of the sign by the Planning Commission. The Planning Commission shall base their decision for conformance or recommendation for variance to the Zoning Board of Appeals upon such considerations as size of sign, age of sign, impact upon adjacent land use, etc.