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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)
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 this Zoning Ordinance that would not be allowed in the district under the terms of this Zoning Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(a) No existing structure devoted to a use not permitted by this 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. Reconstruction occurs when the cost of the work to be done is greater than 50% of the cost of replacement as set forth in § 1173.12.
(Ord. 99-132, passed 10-11-1999)
(b) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for the use at the time of adoption or amendment of this Zoning Ordinance, but no use shall be extended to occupy any land outside the building.
(c) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
(d) When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than six months (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.
(e) When nonconforming use status is applied to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. 98-104, passed 9-14-1998)
When any nonconforming use is discontinued or abandoned for more than six months, any new use shall not thereafter be used except in conformity with the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed. The intent to continue a nonconforming use shall not be evidence of its continuance.
(Ord. 98-104, passed 9-14-1998)
In the event that any nonconforming building or structure is destroyed by any means to the extent that the estimated cost of repair is greater than 50% of the last appraised cost of the structure, exclusive of foundation, it shall not be rebuilt, restored or reoccupied for any use unless it is brought into conformity with all regulations of this Zoning Ordinance. When a nonconforming structure is damaged or destroyed to the extent that the estimated cost of repair is 50% or less of the replacement cost, no repairs or rebuilding shall be permitted except in conformity with all applicable regulations of this Zoning Ordinance and the following conditions:
(Ord. 99-132, passed 10-11-1999)
(a) A zoning certificate pertaining to the restoration shall be applied for and issued within one year of the destruction, and rebuilding shall be diligently pursued to completion; and
(b) The restoration shall not cause a new nonconformity, nor shall it increase the degree of nonconformance or noncompliance existing prior to the damage or destruction.
(Ord. 98-104, passed 9-14-1998)
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 the official. Where appropriate, a building permit for the activities shall be required.
(Ord. 98-104, passed 9-14-1998)