(A) Purpose and applicability. The purpose of this article is to regulate and limit the continued existence of uses and structures that were established prior to the effective date of these regulations and that do not conform to these regulations. Any non-conformity created by a change in the text of these regulations or by the reclassification of property shall be regulated by the provisions of this chapter. The "effective date" referenced below shall be the date the text of these regulations or the Zoning Map is amended to render a particular use, structure or lot non-conforming. Many non-conformities may continue, but the provisions of this chapter are designed to curtail substantial investment in non- conformities and to bring about their eventual improvement or elimination.
(B) Non-conforming uses.
(1) Non-conforming uses of land or structures may continue only in accordance with the provisions of this section.
(2) A non-conforming use shall not be expanded.
(3) A non-conforming use shall not be changed to any other use unless the new use conforms to the standards of the zoning district in which it is located. Once a non-conforming use is changed to a conforming use, a non-conforming use shall not be re-established.
(4) Where a non-conforming use is discontinued or abandoned for a period of 180 days, then the use shall not be re-established or resumed and any subsequent use of the land or structure shall conform to the requirements of these regulations.
(5) No structural changes shall be made in any structure occupied by a non-conforming use except as follows.
(a) Those structural changes ordered by an authorized official in order to ensure the safety of the structure shall be permitted.
(b) Maintenance and repairs to keep a structure in sound condition shall be permitted.
(c) Structural changes necessary to convert the non-conforming use to a conforming use shall be permitted.
(d) An existing non-conforming residential structure may be enlarged or altered; provided that, no additional dwelling units result therefrom. Any such enlargement or alterations shall be in compliance with all yard requirements of the District and/or use.
(e) The structure and its accompanying use may be moved to another location on the lot so long as the structure meets all applicable requirements of the District.
(C) Non-conforming structures.
(1) A non-conforming structure, devoted to a use permitted in the zoning district in which it is located, may continue only in accordance with the provisions of this section.
(2) Normal repair and maintenance may be performed to allow the continuation of a non- conforming structure.
(3) Any non-conforming structure may be enlarged if the expansion does not increase the non-conformity.
(4) A non-conforming structure shall not be moved unless it thereafter conforms to the standards of the zoning district in which it is located.
(5) A non-conforming structure, destroyed or damaged so that more than 25% of the value of the structure remains, may be repaired or restored if a building permit for the repair or restoration is issued within six months of the date of the damage. A non-conforming structure, destroyed or damaged so that no more than 25% of its value remains, may be repaired or restored only if the structure conforms to the standards of these regulations for the zoning district in which it is located. The extent of damage or destruction shall be determined by comparing the estimated cost of repair or restoration with the current assessed tax value.
(6) (a) A non-conforming structure shall not be replaced with another non- conforming structure regardless of the degree of non-conformity.
(b) Where a legal non-conforming Class A or B type manufactured home is located in the Open Space Residential OSR Zoning District, it may be replaced in the same location with the same class and same or newer year model home, or a Class A and same or newer year model home that meets the requirements of § 8-3.8.41.
(D) Non-conforming vacant lots.
(1) Except as provided in subsection (D)(2) below, a non-conforming vacant lot may be used for any of the uses permitted by these regulations in the zoning district in which it is located; provided that, the use meets all yard, parking and screening requirements of this article for the zoning district in which it is located.
(2) If two or more adjacent, non-conforming, unimproved lots are held in single ownership, the lots shall be considered to be a single building lot for the purposes of this article. If the combination results in the creation of a building lot that is more than one-and-one half times the width and area required in the zoning district, then the two lots may be legally resubdivided into two lots of equal width and area both of which may be developed under the authority of subsection (D)(1) above.
(E) Additional requirement for non-conforming accessory uses and structures. No non-conforming accessory use or accessory structure shall continue after the principal use or structure is terminated by abandonment, discontinuance, damage or destruction unless the accessory use or accessory structure thereafter is made to conform to the standards for the zoning district in which it is located.
(F) Additional requirements for manufactured home parks.
(1) Non-conforming manufactured home parks may not be expanded or increased in size which shall include adding spaces to the park.
(2) When a site at a non-conforming manufactured home park is vacated, another manufactured home may not be placed on that site.
(G) Changes of tenancy and/or ownership. There may be a change in tenancy or ownership of an existing non-conforming use or structure, provided there is no change in the nature or character of the non-conforming use or structure except as provided herein and all other applicable requirements of this article are met (e.g., parking, screening, landscaping and the like).
(2003 Code, § 8-3.7.16) (Updated 2009) (Amended 6-4-2014)