(a) Definition of Nonconformity. Within the Zoning Districts established by these regulations and any amendments that may later be adopted, there exist buildings and structures, uses of land and structures, or lots of record which were lawful before these regulations were passed or amended, but which later become prohibited
(b) Intent. It is the intent of these regulations to permit these nonconformities to continue until they are removed, but not to encourage their survival. Except as permitted below, nonconformities shall not be expanded or re-established.
(c) Regulations for Nonconforming Buildings or Structures.
(1) A nonconforming use of a building or structure lawfully existing upon the effective date of these regulations may be maintained and may be repaired or altered to keep the structure or use in sound and safe condition.
(2) A structure nonconforming as to use, height, yard requirements or lot area per dwelling unit may be added to or enlarged only once after the enactment of these regulations provided that no enlargements shall exceed twenty-five percent (25 % ) of the total floor area contained in said building or structure at the time of enactment of these regulations.
(Ord. 1986-2. Passed 2-24-86.)
(3) A nonconforming use of a building or structure that is discontinued for more than six (6) months may not be resumed after that date.
(Ord. 2011-7. Passed 6-27-11.)
(4) Destruction of the premises.
A. Nonresidential nonconformities may be re-established following destruction one (1) time. A 25 % enlargement beyond the floor area of the structure (as of the date of enactment) may be permitted at the time of reconstruction.
B. Residential structures may be permitted an unlimited number of reconstructions following destruction. However, if enlarged upon reconstruction, no enlargement shall exceed an additional 25 % beyond the original floor area as of the enactment date.
C. "Destruction" shall be construed to mean any fire, storm, flood, or other act of God which damages a building to the point that the cost of repairs would exceed 60 % of the replacement value immediately prior to the destruction.
(5) Nonconforming lots of record. In any district in which new single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record which was in existence prior to the effective date of these regulations. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, generally applicable in the district, provided that the yard requirements and provisions of the district shall apply. If a variance for the yard requirement is needed, it shall be obtained through the Board of Appeals following the normal procedure.
(Ord. 1986-2. Passed 2-24-86.)