A. The lawful use of land or structures or building types existing at the date of adoption of this chapter, as amended, may be continued although such use or structure is nonconforming to the provisions specified in this chapter, as amended, for the zoning district in which such use or structure or building type is located, except as provided by law.
[Amended 11-28-2011 by Ord. No. 23-2011]
B. Any nonconforming use or structure or building type which has been changed to a conforming use or structure or building type shall not be changed back again into a nonconforming use or structure.
[Amended 11-28-2011 by Ord. No. 23-2011]
C. Any nonconforming use, structure, building type or lot may change ownership and continue to function as the same nonconforming use, structure, building type or lot, provided that all other provisions of this chapter and other applicable laws are met.
[Amended 11-28-2011 by Ord. No. 23-2011]
D. Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or a structure containing a nonconforming use or building type. No structure containing a nonconforming use or building type shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal to the Board of Adjustment subject to Section 5-102 of the CMP. A prior nonconforming structure or building type may be enlarged, extended, constructed or structurally altered if such alteration or enlargement neither increases the existing nonconformity nor creates a new violation. A prior nonconforming structure or building type shall not be reconstructed if destroyed, without an appeal to the Board of Adjustment.
[Amended 11-28-2011 by Ord. No. 23-2011]
E. Any lot upon which a nonconforming use or structure is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner. Also, no expansion of a structure not meeting current setback requirements shall be permitted to that portion [front, rear and/or side(s)] of the structure not meeting current setback requirements.
[Amended 10-12-1987 by Ord. No. 13-1987]
F. Any lot on which is located a dwelling with existing nonconforming building setbacks on either the existing or the created lot utilizing the current standards for the zoning district in which each lot is located. However, subject to the compliance with the zoning standards pertaining to the particular zoning district in question.
[Added 10-12-1987 by Ord. No. 13-1987]
G. Any vacant lot in an RR, R-1, R-2, R-3 or MD Zoning District existing at the effective date of adoption or amendment of this chapter, whose area or dimensions do not meet the requirements of the district in which the lot is located but which has a minimum frontage of 50 feet and a minimum lot area of 6,000 square feet, may have a construction permit issued for a single-family detached dwelling, provided that the building coverage does not exceed 40%, parking requirements are met, front and rear yard building setbacks are a minimum of 30 feet or the setback of adjacent properties, whichever is less, and no side yard shall be less than 10 feet, provided that public sanitary sewer and water is available.
[Amended 10-12-1987 by Ord. No. 13-1987; 7-26-2004 by Ord. No. 18-2004]
H. Any existing lot which contains a principal building used for a permitted principal use that meets the lot area and lot frontage requirements of § 175-117G. and lot coverage requirements of the applicable zoning district, but does not meet the applicable lot area, lot depth, lot frontage, lot width requirements of the applicable zoning district, and/or the principal building does not meet the applicable front yard, side yard, and rear yard setbacks and/or height requirements of the applicable zoning district, which are existing non-conforming conditions, may construct an addition to the principal building and/or construct an accessory structure on the lot without the need for a variance, provided that it can be demonstrated to the administrative officer that:
(1) The accessory structure and/or building addition itself, does not violate any requirements of Chapter 175, including, but not limited to, height, setbacks, area, or parking.
[Added 12-18-2023 by Ord. No. 026-2023]
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