1133.01
Nonconforming uses of land.
1133.02
Nonconforming structures.
1133.03
Nonconforming uses of structures and premises in combination.
Within the districts established by this Zoning Ordinance or amendments that may later be adopted, there exist structures, uses of land and structures and characteristics of use which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance that nonconformities 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.
(a) For identification purposes, a map indicating all nonconforming uses existing at the time of adoption of this Ordinance shall be located in the office of the Zoning Inspector. Such map shall be officially identified in the same manner as the Zoning Map.
(b) The Zoning Inspector is the designated authority responsible for enforcing and regulating nonconforming uses.
(Ord. 147-2018. Passed 7-2-18.)
Where, at the time of adoption of this Zoning 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 that:
(a) No such nonconforming 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 Zoning Ordinance unless approved by the Board of Zoning Appeals.
(b) 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 unless approved by the Board of Zoning Appeals.
(c) If any such nonconforming uses of land are voluntarily discontinued for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located unless approved by the Board of Zoning Appeals.
(d) No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such nonconforming use of land unless approved by the Board of Zoning Appeals.
(Ord. 147-2018. Passed 7-2-18.)
Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Ordinance that could not be built under the terms of this Ordinance 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, subject to the following provisions:
(a) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, unless approved by the Board of Zoning Appeals, but any structure or portion thereof may be altered to decrease its nonconformity.
(b) Should such a nonconforming structure or nonconforming portion of structure be destroyed by accidental means, it may be reconstructed in conformity with the regulations of the district in which it is located or to its original size and use.
(c) 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 unless approved by the Board of Zoning Appeals.
(Ord. 147-2018. Passed 7-2-18.)
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