Upon the effective date of this ordinance, and any amendment thereto, pre-existing structures or lots of record and existing and lawful uses of any building or land which do not meet the minimum requirements of this ordinance or which would be prohibited as development in the district in which they are located shall be considered as nonconforming.
Except as specifically provided in this article, it shall be unlawful for any person to engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation.
A. A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this ordinance, or adoption of ordinances repealed by this ordinance, was clearly designed or arranged to accommodate such uses. However, a nonconforming use may not be extended to additional buildings or to land outside the original buildings.
B. A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a use that involves the removal of natural materials from the lot (e.g., a quarry) may be expanded to the boundaries of the lot where the use was established at the time it became nonconforming, if 10% or more of the earth products had already been removed at such time that zoning was adopted at the same location.
C. Where a nonconforming situation exists, the equipment or processes may be changed if these or similar changes amount only to changes in degree or activity rather than changes in kind and no violations of other articles of this ordinance occur.
D. Physical alteration of structures or the placement of new structure(s) on open land are unlawful if they result in:
1. An increase in the total amount of space devoted to a nonconforming use; and/or
2. Greater nonconformity with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements.
E. Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged.
8.02.1 APPLICABILITY TABLE
The following table summarizes the requirements that shall be met when there are changes to existing development and/or to nonconforming structures or uses. A "•" indicates that compliance with all applicable standards is required.
Article II: Dimensional Standards | Article IV: Building Design Standards | Article IV: Landscaping & Buffering | Article IV: Parking Lot Landscaping | Article IV: Lighting | Article IV: Signs | Article V: Sidewalks |
Article II: Dimensional Standards | Article IV: Building Design Standards | Article IV: Landscaping & Buffering | Article IV: Parking Lot Landscaping | Article IV: Lighting | Article IV: Signs | Article V: Sidewalks | |
Existing Development
| |||||||
Change of Use (From Residential to Non-Residential) | • | • | • | • | • | • | |
Parking Area Expansion
| |||||||
Less than 15 spaces or 50% of paved area | •a | •a | |||||
Expansion of more than 15 spaces or more or 50% of paved area | • | • | • | • | • | ||
Structure or Building Expansion/Reconstruction
| |||||||
Less than 50% of Existing Gross Floor Area | •ab | •a | •a | • | |||
Greater than 50% of Existing Gross Floor Area | •ab* | •* | • | • | • | • | • |
a For expanded/reconstructed portion only b Exception: Maximum front setbacks should be met to the extent practical as determined by the Administrator * For expansions, reconstruction areas and all other walls facing public streets | |||||||
8.02.2 APPEALS AND MODIFICATIONS
A. The Board of Adjustment shall hear and decide appeals from any land owner:
1. To make a change in use of a nonconforming use to a different, less-intense nonconforming use;
2. To make a change in location of a nonconforming use of land to another location on the same property; or;
3. Allow the replacement of a nonconforming use.
B. The Board of Adjustment may only grant a change for a nonconforming use or replacement of a nonconforming structure which has been destroyed after having first held a public hearing and having determined that:
1. Said change will be more suitable and appropriate for the lot(s) on which it is located than the existing situation; and
2. The proposed change will have a less harmful effect than the existing situation on the properties surrounding the lot(s) in question; and,
3. The decision to grant the change will be in harmony with the general purpose and intent of this ordinance and will not be injurious to the neighborhood or otherwise be detrimental to the public welfare.
C. The Board of Adjustment, in granting such changes, may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards when made a part of the terms upon which the change was granted, shall be deemed a violation of this ordinance and shall be subject to enforcement provisions a prescribed per Article IX of this ordinance.
8.02.3 DISCONTINUANCE
A nonconforming use shall be presumed discontinued when any of the following has occurred:
A. The owner has indicated intent, in writing to the Administrator, to abandon the use.
B. A conforming use has replaced the original nonconforming use.
C. The building or structure housing the nonconforming use has been removed.
D. The owner has physically changed the building or structure or its permanent equipment in such a way as to indicate clearly a change in use or activity to something other than the nonconforming use. The property, structure or use has been vacant or completely inactive for one year.
(Ord. passed 2-14-2017)