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To avoid undue hardship, nothing in this Zoning Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Zoning Ordinance and upon which actual building construction has been carried on diligently.
ACTUAL CONSTRUCTION is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has substantially begun preparatory to rebuilding, the demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently.
(Ord. 98-104, passed 9-14-1998)
The Zoning Administrator may, upon his or her own initiative, or shall upon the request of any owner, issue a zoning certificate for any lot, structure, use of land, use of structure or use of land and structure in combination, that certifies that the lot, structure or use is a valid nonconforming use. The certificate shall specify the reason why the use is a nonconforming use, including a description of the extent and kind of use made of the property in question, the portion of the structure or land used for the nonconforming use, and the extent that dimensional requirements are nonconforming. The purpose of this section is to protect the owners of lands or structures that are, or become, nonconforming. No fee shall be charged for a certificate. One copy of the certificate shall be returned to the owner and one copy shall be retained by the Zoning Administrator, who shall maintain as a public record a file of all certificates.
(Ord. 98-104, passed 9-14-1998)
So long as no structural alterations are made, except as required by enforcement of other codes or ordinances, any nonconforming use may, upon appeal to and approval by the Zoning Board of Appeals, be changed to another nonconforming use of the same classification or of a less intensive classification, provided that the Board shall find that the use proposed for substitution is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting the change, the Board may require that additional conditions and safeguards be met, which requirements shall pertain as stipulated conditions to the approval of the change, and failure to meet the conditions shall be considered a punishable violation of this Zoning Ordinance. Whenever a nonconforming use has been changed to a less intensive use or becomes a conforming use, the use shall not thereafter be changed to a more intensive use or other nonconforming use.
(Ord. 98-104, passed 9-14-1998)
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 at the effective date of adoption or amendment of this Zoning Ordinance. The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though the 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 the lot is located.
(Ord. 98-104, passed 9-14-1998)
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 this 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 this Zoning Ordinance. No portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this 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 this Zoning Ordinance.
(Ord. 98-104, passed 9-14-1998)
At the time of adoption of this Zoning Ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by this Zoning Ordinance. These uses may be continued so long as they remain otherwise lawful, provided:
(a) No nonconforming uses 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 this Zoning Ordinance;
(b) No nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the uses at the effective date of adoption or amendment of this Zoning Ordinance;
(c) If any nonconforming uses of land are voluntarily discontinued or abandoned for more than six months (except when government action impedes access to the premises), any subsequent use of the land shall conform to the regulations specified by this Zoning Ordinance for the district in which the land is located; and
(d) No additional structure not conforming to the requirements of this Zoning Ordinance shall be erected in connection with the nonconforming use of land.
(Ord. 98-104, passed 9-14-1998)
Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Ordinance that could not be built under the terms of this Zoning Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, intensity or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) No 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;
(Ord. 98-104, passed 9-14-1998)
(b) Should the nonconforming structure or nonconforming portion of a structure be destroyed by any means to the extent of more than 50% of the cost of replacement, as set forth in § 1173.12, it shall not be reconstructed except in conformity within the provisions of this Zoning Ordinance; and
(Ord. 99-132, passed 10-11-1999)
(c) Should the 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.
(Ord. 98-104, passed 9-14-1998)
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