The lawful use of any dwelling, building, structure, or lot, as existing and lawful at the time of adoption or amendment of this Planning and Zoning Code, may be continued, although such use does not conform with the provisions of this Planning and Zoning Code, but if any such nonconforming use is voluntarily discontinued for a period of two (2) years or more, any future use shall be in conformity with this Planning and Zoning Code. It is the intent of this Planning and Zoning Code that such nonconformities shall not be enlarged, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district, except as provided for herein.
(Ord. 19-20. Passed 11-4-20.)
A principal and/or accessory structure may be permitted on any nonconforming lot of record, notwithstanding limitations imposed by other requirements of that zoning district. This provision shall apply even though such lot fails to meet the requirements for area and/or width for the zoning district in which such lot is located. Such nonconforming lots must be in separate ownership and not of continuous frontage with other land in the same ownership.
(Ord. 19-20. Passed 11-4-20.)
A principal and/or accessory structure, which, by reason of size, type, or location on the lot, is nonconforming with the Zoning District in which it is located may be altered, reconstructed or expanded on application to the Planning and Zoning Board, in the manner prescribed by the Board, provided the applicant shows the following:
(a) The nonconforming structure and development was lawful at the time of adoption or amendment of this Planning and Zoning Code;
(b) Such alteration, reconstruction or expansion is necessary and incidental to such existing lawful nonconforming use as demonstrated by the applicant; and,
(c) Such alteration, reconstruction or expansion shall not increase the total floor area of the structure by more than fifty (50) percent.
(d) No such alteration, reconstruction or expansion shall be requested within two (2) years of the last previous alteration, reconstruction or expansion as approved by the Planning and Zoning Board.
(Ord. 19-20. Passed 11-4-20.)
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