A. 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
1 at the effective date of this title or amendment thereto, notwithstanding limitations imposed by other provisions of this title. Such lot 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.
B. Nonconforming Lots Of Record In Combination: If two (2) 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 of this title or amendment thereto, 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 title, 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 title, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this title.
C. Nonconforming Uses 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 this title or amendment thereto that would not be allowed in the district under the terms of this title, 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 title 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. No nonconforming use shall be extended to occupy any additional land area;
3. If no structural alterations are made, any nonconforming use of a structure or structure and land may, upon the issuance of a special use permit by the city council, be changed to another nonconforming use, provided that the city council 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 city council may require appropriate conditions and safeguards in accordance with other provisions of this title;
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; and
6. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming use of the land. (Ord. 341, 9-10-1996)
Notes
| 1 | 1. See definition in section 9-1-4 of this title. |