(a) General. Any nonconforming building, structure or use which existed lawfully at the time of the adoption of the Zoning Ordinance and which remains nonconforming, as well as any which shall become nonconforming, upon any subsequent amendments thereto, may be continued but shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. No additional signs intended to be seen from off the premises shall be utilized in conjunction with nonconforming uses of land or structures which shall be permitted upon passage of the Zoning Ordinance.
(b) Single Nonconforming Lots of Record. In any district in which single-family dwellings are pemitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the Zoning Ordinance, notwithstanding limitations imposed by other provisions of the Zoning Ordinance. Such lots 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. Variances of requirements listed in Chapters 1139
to 1183
other than lot area or lot width shall be obtained only through action of the Board of Zoning Appeals as provided in Sections 1123.04
through 1123.09
.
(c) Nonconforming Lots of Record in Combination. If two 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 or amendment of the Zoning Ordinance 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 the Zoning Ordinance and no portion of such parcel shall be used or sold in a manner which diminishes compliance with lot widths and area requirements established by the Zoning Ordinance, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in the Zoning Ordinance.
(d) Nonconforming Uses of Land. Where, at the time of adoption of the Zoning Ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by the Zoning Ordinance the uses may be continued so long as they remain otherwise lawful, provided:
(1) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the Zoning Ordinance.
(2) No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of the Zoning Ordinance.
(3) If any such nonconforming uses of land are discontinued or abandoned for more than six months (except when government action impeded access to the premises), any subsequent use of such land shall conform to the regulations specified by the Zoning Ordinance for the district in which such land is located.
(4) No additional structure not conforming to the requirements of the Zoning Ordinance shall be erected in connection with such nonconforming use of land.
(e) Nonconforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of the Zoning Ordinance that could not be built under the terms of the Zoning Ordinance by reason of restriction on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;
(2) Should such nonconforming structure or nonconforming portion of structure be destroyed by any means, it shall not be reconstructed except in conformity with the provisions of the Zoning Ordinance.
(3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(f) Nonconforming Uses of Structures or 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 adoption or amendment of the Zoning Ordinance, 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 the Zoning Ordinance 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) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the Zoning Ordinance, but no such use shall be extended to occupy any land outside such building;
(3) If no structural alterations are made, any nonconforming use of a structure or structure and land, may, upon appeal to the Board of Zoning Appeals, be changed to another nonconforming use provided that the Board of Zoning Appeals 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 Board of Zoning Appeals may require appropriate conditions and safeguards in accord with other provisions of the Zoning Ordinance.
(4) Any structure, or structure and land in combination, in or on which a nonconforming use is superceded 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 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;
(6) Where nonconforming uses status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(g) Relocation of Building or Structure. No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located.
(h) Displacement. No nonconforming use shall displace a conforming use.
(i) Change in Use. A nonconforming use may be changed to another nonconforming use provided that the Board of Appeals determines that the proposed nonconforming use is less in conflict with the character and intent of the zoning district than the existing nonconforming use.
(j) Nonconforming Conditional Uses. Uses existing prior to the enactment of the Zoning Ordinance which are listed as conditional uses in the district in which they are located will be considered as nonconforming uses until a conditional zoning certificate has been applied for and issued for such use.
(k) Repairs and Maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(l) Restoration. Whenever a building, the use of which does not conform to the provisions of the Zoning Ordinance is damaged by fire, explosion, or act of God to the extent of sixty percent (60%) or more or its assessed value, it shall not be restored except in conformity with the district regulations of the district in which it is located.
(m) Discontinuance and Abandonment. Whenever a nonconforming use has been discontinued for a period of six months or more, such discontinuance shall be considered legal abandonment of the nonconforming use. At the end of that six month period, the nonconforming use shall not be re-established, and any further use shall be in conformity with the provisions of the Zoning Ordinance.
(n) Elimination on Nonconforming Signs. Any sign which is nonconforming as to type, location, zoning district, size, setback, or for any other reason (except those signs that are an adjunct to the use of any valid nonconforming building or structure, in which case they shall be regulated by the provisions applicable to such structure) shall be altered, moved, converted, or removed within five years of the date of adoption of the Zoning Ordinance.
(Ord. 82-1. Passed 2-16-82.)