(a) Purpose and Applicability. The purpose of this Section is to regulate and limit the continued existence of uses, structures, and lots established prior to the effective date of this ordinance or any amendment thereto that does not conform to this code. Any nonconformity created by a change in the classification of property or the text of this code shall be regulated by the provisions of this Article.
(b) General Provisions.
(1) Nonconforming lots, structures, or uses may continue to exist, be bought or sold, altered, restored, or extended only in accordance with the provisions of this code.
(2) Nothing in this code shall prevent the strengthening or restoring to a safe condition any portion of a nonconforming structure declared unsafe by a proper authority.
(3) Nothing in this ordinance shall be interpreted as authorization for or approval of the continuance of the illegal use of a structure or premises in violation of zoning controls in existence at the time of the effective date of legal enactment of this code.
(4) Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall apply to any nonconformities existing therein.
(5) Nothing in this Section prohibits alterations or additions to or replacement of buildings or structures owned by any farm, industry, or manufacturer, or the use of land presently owned by any farm, industry, or manufacturer but not used for agricultural, industrial, or manufacturing purposes, or the use or acquisition of additional land that may be required for the protection, continuing development, or expansion of any agricultural, industrial, or manufacturing operation of any present or future satellite agricultural, industrial, or manufacturing use.
(c) Nonconforming Uses.
(1) If a nonconforming use has ceased for one (1) year, abandonment shall be presumed and the nonconforming use shall not resume. Any future use of the land or structures shall conform to and be in accordance with this ordinance. Abandonment of a nonconforming use shall be presumed if one (1) or more of the following conditions exists, indicating intent on the part of the property owner to abandon the nonconforming use:
A. When the intent of the owner to discontinue the use is apparent;
B. Utilities, such as water, gas, and electricity to the property have been disconnected;
C. The property, buildings, and grounds, have fallen into disrepair as evidenced by proper code violation documentation;
D. When the nonconforming use has been replaced by a conforming use;
E. When the nonconforming use has been changed to a use permitted or conditional use by the City of Lewisburg; or
F. The business license issued by the City of Lewisburg has expired.
(2) Once a nonconforming use has been changed or converted to a conforming use, it shall not thereafter be used for any nonconforming use.
(d) Nonconforming Buildings or Structures.
(1) A lawful nonconforming structure that is damaged the extent of fifty percent (50%) or more of its appraised value, as valuated within twelve (12) months of when the damage occurred, shall not be restored unless it is in full conformance with this code.
(2) A lawful nonconforming structure that is damaged, by neither malfeasance nor wanton disregard by an interested party, to the extent of less than fifty percent (50%) of the structure' appraised value, as valuated within twelve (12) months of when the damage occurred, may be reconstructed, provided that:
A. The reconstructed structure shall not exceed the height, area, or volume of the original structure; and
B. Reconstruction shall be commenced within one year from the date the structure was destroyed or condemned and shall be carried on without interruption.
(3) In the event an aggrieved person contests the appraised value determination, three (3) arbitrators shall be appointed, one (1) by City Council, one (1) by the aggrieved party, and one (1) by the two arbitrators or one (1) by the Board of Zoning Appeals if the two arbitrators cannot agree on the third arbitrator. Any determination regarding he percentage of damage made by the three (3) arbitrators shall be deemed the official decision of the BZA.
(4) The extension of a lawful use to any portion of a nonconforming structure shall not be deemed the extension of a nonconforming use.
(e) Nonconforming Lot.
(1) Except as provided in this Section, a nonconforming vacant lot existing and of official record as of the effective date of this ordinance may be developed for any of the uses permitted by these regulations in the zoning district in which it is located, provided that the use meets all applicable yard and setback requirements for the zoning district in which the lot is located.
(2) A nonconforming vacant lot shall not be developed if it could be combined with an adjoining lot owned by the same person on or after the effective date of these regulations in order to create a single lot. Where an owner owns adjoining property, construction may occur across the lot lines if that is the only way the yard requirements may be met without a variance. If said combination, however, results in the creation of a single lot that is more than one and one-half (1.5) times the minimum lot width or area required in the zoning district, then the single lot may be divided into two lots of equal width and area without being further classified as nonconforming. For the purposes of this Section, "adjoining" shall be deemed to mean the sharing of one or more common lot lines and access to both lots can be provided by the same street without crossing that street.
(f) Nonconforming Accessory Uses and Structures. No nonconforming accessory use or accessory structure shall continue after the principal use or structure is terminated by abandonment, damage, or destruction unless such accessory use or accessory structure thereafter is made to conform to the standards for the zoning district in which it is located. No nonconforming accessory use or structure shall become or replace any terminated principal nonconforming use or structure.
(g) Enlargement or Extension of a Nonconforming Use.
(1) Except if specifically provided for in this Section, no person may engage in any activity that causes an increase in the extent of nonconformity in a nonconforming situation. In particular, it shall be unlawful to:
A. Increase the total amount of space devoted to a nonconforming use.
B. Increase nonconformity with respect to density restrictions, dimensional requirements such as setbacks and other requirements such as parking.
(2) A nonconforming use may be extended throughout any portion of a completed building, that when the use was made nonconforming by this Ordinance, was manifestly designed or arranged to accommodate such use.
(3) Notwithstanding other limitations of this article, any structure used for single family residential purposes and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, so long as replacement or enlargement does not create new nonconformities with respect to such matters as setback and parking requirements.
(4) Enlargement or extension approval shall be void if construction work does not begin within one year from the date of approval, or if work is suspended or abandoned for a period of ninety (90) days at any time after the work is commenced.
(5) All enlargement or extension of a nonconforming use must comply with the applicable floodplain management requirements.
(Ord. 319. Passed 6-18-24.)