Any parcel of land, use of land,
or
lawfully existing at the time of the adoption of this chapter, or any amendment thereto, that does not conform to the use, lot size or dimensional requirements of the district in which it is located may be continued and maintained subject to the
provisions:
(A) Nonconforming vacant lots. This category of nonconformance consists of vacant lots for which plats or descriptions have been recorded in the Register of Deeds office of Henderson County, which at the time of the adoption of this chapter or any amendment thereto fail to comply with the minimum area requirements of the districts in which they are located. Any such nonconforming lot may be used for any of the uses permitted in the district in which it is located, provided that the lot conforms with § 154.131 of this chapter.
(B) Nonconforming occupied lots. This category of nonconformance consists of lots, occupied by
or
at the time of adoption of this chapter or any amendment thereto, that fail to comply with the minimum requirements for lot area,
and setbacks for the districts in which they are located, but were in compliance with the Henderson County Zoning Ordinance immediately prior to the adoption of this chapter.
(C) Nonconforming open uses of land. This category of nonconformance consists of lots used for storage
, used car lots, auto wrecking,
and similar open spaces where the only
on the lot are incidental and accessory to the open use of the lot and where the use of the land is not permitted to be established hereafter under this chapter, or any amendment thereto, in the district in which it is located. A legally established nonconforming open use of the land may be continued except as follows:
(1) When a nonconforming open use of land has been changed to a conforming use, it
not thereafter revert to any
.
(2) Nonconforming open use of land
not be changed to any but conforming use.
(3) A nonconforming open use of land
not be enlarged to cover more land than was occupied by that use when it became nonconforming.
(4) When any nonconforming open use of land is discontinued for a period in excess of 180 days, any future use of the land
be limited to those uses permitted in the district in which the land is located. Vacancy and/or non-use of the land, regardless of the intent of the
or
,
constitute discontinuance under this provision.
(5) When any
was not in compliance with the Henderson County Zoning Ordinance immediately prior to the adoption of this chapter.
(D) or . This category of nonconformance consists of
or
used at the time of enactment of this chapter or any amendment thereto for purposes of use not permitted in the district in which they are located. The uses may be continued as follows:
(1) An existing
may be changed to another
of the same or higher classification, provided that the other conditions in this section are complied with. For the purpose of this chapter, the rank order of uses from higher to lower
be:
(a) Residential;
(b) Public;
(c) Commercial; and
(d) Industrial.
(2) When a
has been changed to a conforming use, it
not thereafter be used for any
.
(3) A
may not be extended or enlarged nor
a nonconforming
be altered except as follows:
(a) Structural alterations as required by law or ordinance or as ordered by the
to secure the safety of the
are permissible.
(b) Maintenance and repair necessary to keep a nonconforming
in sound condition is permissible.
(c) Existing single-family residential
in business or industrial districts may be enlarged, extended or structurally altered, provided that no additional
result therefrom. However, any such enlargement, extension or alteration
comply with the dimensional requirements of the MR-30 Residential District.
(d) Expansion of a
of a
or
into portions of the
which, at the time the use became nonconforming, were already erected and arranged and designed for the
.
(4) When any
of a
or
is discontinued for a period in excess of 180 days, the
or
not thereafter be used except in conformance with the regulations of the district in which it is located.
(5) When any
was not in compliance with the Henderson County Zoning Ordinance immediately prior to the adoption of this chapter.
(E) Reconstruction of damaged or . Any
which has been damaged by fire, wind, flood or other causes may be repaired and used as before, provided that:
(1) Repairs are initiated in 12
and completed within 2
of the damage.
(2) The total amount of space devoted to a
may not be increased.
(3) The dimensions of a reconstructed
may not be larger than the original
if the non-conformance was related to dimensional restrictions.
(F) Use of existing lot of record. Where the
of a lot of official record in any district at the time of the adoption of this chapter or any amendment thereto, or his or her successor in title thereto, does not own sufficient contiguous land to enable him or her to conform to the minimum lot size requirements of this chapter, the lot may be used as a
site, provided that the Board of Adjustment is authorized to approve as a variance such dimensions as
conform as closely as possible to the required dimensions.
(G) Non-conforming Residential. Non-conforming residential lots may be permitted for , , and .
(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 00055, passed 4-23-2009; Am. Ord. 2021-06, passed 4-22-2021)