The lawful use of any building, structure, or land existing on the effective date of this Zoning Ordinance, or amendments thereto, may be continued, although such use, building, structure, or lot does not conform to the provisions of this Zoning Ordinance.
(a) Nonconforming Uses.
(1) Alterations. A building or structure containing a nonconforming use may be altered, improved or reconstructed, enlarged or extended, provided such enlargements or extensions do not exceed twenty five percent (25%) of the area that the nonconforming use occupied as of the effective date of this Zoning Ordinance.
(2) Discontinuance or Abandonment. If a nonconforming use is voluntarily discontinued for a period of twenty-four (24) consecutive months or more, any use of the property thereafter shall be in conformance with regulations and provisions set by this Zoning Ordinance for the district in which such property is located. Discontinuance of a nonconforming use may be evidenced by non-use and the removal of either stock-in-trade or substantially all equipment, fittings, or furniture needed to operate the use.
(b) Nonconforming Buildings and Structures.
(1) Restoration.
A. Nothing in this Zoning Ordinance shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure, damaged by fire, collapse, explosion or acts of God, subsequent to the effective date of this Ordinance (see Section 1103.01
, Effective Date), wherein the expense of such work does not exceed fifty percent (50%) of its fair market value at the time such damage occurred.
B. A structure devoted solely to a nonconforming single family dwelling or two-family residential use that is damaged or destroyed by fire, earthquake or other act of God, may be reconstructed so as not to exceed 110% of the gross floor area of the previous structure as used before such event of damage or destruction. All reconstruction of the structure must be completed within two (2) years following the event of damage or destruction, shall not increase the degree of nonconformance or noncompliance existing prior to such damage or destruction, and shall otherwise be in conformance with this Zoning Ordinance.
(2) Enlargement.
A. A nonconforming structure may be expanded provided the proposed expansion does not exceed fifty percent (50%) of the existing footprint and:
1. The expansion does not increase the degree of non-conformity; and,
2. The extension of a structure which is nonconforming due to side yard setback shall be allowed so long as the extension is not closer to the side property line and the extension does not exceed twenty-five percent (25%) of the existing structure length, including porches and architectural features but excluding decks. Existing footprint and structure length shall mean the dimensions as they existed upon the effective date of this provision.
B. A nonconforming structure may otherwise be enlarged, increased, or extended beyond the area it occupied as of the effective date of this provision, provided the Board of Zoning Appeals, pursuant to the procedure set forth in Section 1107.08
of this Zoning Ordinance, approves such enlargement, increase, or extension under the following conditions:
1. The enlargement will not interfere with the operation of conforming uses in the district or with circulation on adjacent public streets; and
2. The enlarged structure will cause no greater adverse impacts on surrounding properties than did the original conforming structure.
(3) Construction Approved Prior to Ordinance. Nothing in this Zoning Ordinance shall prohibit the completion of construction and use of a nonconforming building or structure for which a zoning certificate has been issued prior to the effective date of this Zoning Ordinance (see Section 1103.01
, Effective Date) or any amendment thereto, provided that construction is commenced within one year after the issuance of such certificate; that construction is carried on diligently and without interruption for a continuous period in excess of thirty (30) days; and the entire building or structure has been completed within two (2) years after the issuance of such zoning certificate.
(4) Unsafe Structures. Nothing in this Zoning Ordinance shall prevent the strengthening or repair to a safe condition of any portion of a nonconforming building or structure declared unsafe by a proper authority.
(c) Nonconforming Lots. Any lot not meeting minimum area requirements and being a lot of record on the effective date of this Zoning Ordinance, may be used for a single-family dwelling irrespective of the area, depth or width of such lot; the width of the side yard of any such lot need not exceed ten (10%) percent of the width of the lot; the depth of the rear yard need not exceed twenty (20%) percent of the depth of the lot. However, in no instance shall the minimum dimensions of the side and rear yards be less than five (5) and twenty (20) feet respectively.
(Ord. 109-14. Passed 6-23-14.)