Any existing development, as defined in this chapter, may be continued and maintained subject to the provisions provided in this chapter. Expansions to structures classified as existing development must meet the requirements of this chapter; however, the built-upon area of the existing development is not required to be included in the density calculations.
(A) Vacant lots. This category consists of vacant lots for which plats or deeds have been recorded in the office of the Register of Deeds of the county at the time of the adoption of this chapter. Lots may be used for any of the uses allowed in the watershed area in which it is located; provided, the following:
(1) Where the lot area is below the minimum specified in this chapter, the Zoning Administrator is authorized to issue a watershed protection permit; and
(2) Notwithstanding the foregoing, whenever two or more contiguous residential vacant lots of record are in single ownership at any time after the adoption of this chapter and such lots individually have less area than the minimum requirements for residential purposes for the watershed area in which such lots are located, such lots may be combined to create one or more lots that meet the standards of this chapter, or if this is impossible, reduce to the extent possible the non-conformity of the lots.
(B) Occupied lots. This category consists of lots, occupied for residential purposes at the time of the adoption of this chapter. These lots may continue to be used provided that whenever two or more adjoining lots of record, one of which is occupied, are in single ownership at any time after adoption of this chapter, and such lots individually or together have less area than the minimum requirements for residential purposes for the watershed area in which they are located, such lots may be combined to create lots which meet the minimum size requirements or which minimize the degree of non-conformity.
(C) Uses of land. This category consists of uses existing at the time of adoption of this chapter where such use of the land is not permitted to be established by this chapter in the watershed area in which it is located. Such uses may be continued, except as follows.
(1) When prohibited use of land has been changed to an allowed use, it shall not thereafter revert to any prohibited use.
(2) Prohibited use of land shall be changed only to an allowed use.
(3) When prohibited use ceases for a period of at least one year, it shall not be reestablished.
(D) Reconstruction of buildings or built-upon areas. Any existing building or built-upon area not in conformance with the restrictions of this chapter that has been damaged or removed may be repaired and/or reconstructed; except that, there are no restrictions on single-family residential development; provided:
(1) The building or built-upon area is in conformance with all other applicable codes of the city;
(2) Repair or reconstruction is initiated within 12 months and completed within two years of such damage; and
(3) The total amount of space devoted to built-upon area may not be increased unless storm water control that equals or exceeds the previous development is provided.
(2005 Code, § 30-85) (Ord. passed 12-5-1994)