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NONCONFORMING LOTS, STRUCTURES,
AND USES OF LAND AND STRUCTURES
AND USES OF LAND AND STRUCTURES
(A) It is the intent of this subchapter to permit legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their survival.
(B) It is recognized that there exists within the districts established by this chapter and subsequent amendments, lots, structures, and uses of land and structures which where lawful before this chapter was passed or amended which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments.
(C) To avoid undue hardship, nothing in this subchapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begin prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on.
(D) ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, the demolition or removal shall be deemed to be ACTUAL CONSTRUCTION, provided that work shall be diligently carried on until completion of the building involved.
(Ord. 99, passed 11-18-1996, § 23.01)
(A) In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, 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 chapter.
(B) 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 other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which the lot is located.
(C) Yard requirement variances may be obtained through approval of the Board of Zoning Appeals.
(Ord. 99, passed 11-18-1996, § 23.02)
Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, the use may be continued, so long as it remains otherwise lawful, subject to the following provisions.
(A) No nonconforming use 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 chapter.
(B) No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by the use at the effective date of adoption or amendment of this chapter.
(C) (1) No nonconforming use shall be expanded by the addition of products or services which were not part of the use being engaged in at the effective date of adoption or amendment of this chapter.
(2) The addition of uses or activities which were not part of the prior use, even though the uses or activities were permitted in the prior zoning district, constitutes an expansion of a nonconforming use which is prohibited by this chapter.
(D) If the nonconforming use of land ceases for any reason for a period of more than 1 year, any subsequent use of the land shall conform to the regulations specified by this chapter for the district in which the land is located.
(Ord. 99, passed 11-18-1996, § 23.03; Am. Ord. 119, passed 5-17-1999) Penalty, see § 153.999
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(A) No like structure may be enlarged or altered in a way which increases its nonconformity;
(B) Should the structure be destroyed by any means to an extent of more than 65% of its replacement costs, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this chapter, provided that the restoration or repairing shall have commenced and is diligently prosecuted within 1 year after the date of destruction;
(C) Non-conforming single-family residential structures are exempt from this section; however, application for rebuilding shall be made within 1 year from the date of damage or destruction; and
(D) 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 removed.
(Ord. 99, passed 11-18-1996, § 23.04; Am. Ord. 125, passed 10-18-1999) Penalty, see § 153.999
If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter, that would not be permitted in the district under the terms of this chapter, 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 chapter 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.
(B) (1) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for the use, and which existed at the time of adoption or amendment of this chapter, but no like use shall be extended to occupy any land outside the building.
(2) If no structural alterations are made, any nonconforming use of a structure, or structure and land in combination, may be changed to another nonconforming use of the same or a more restricted classification provided that the Planning Commission, either by general rule or by specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.
(C) (1) In permitting the change, the Planning Commission may require conditions and safeguards in accord with the purpose and intent of this chapter.
(2) Where a nonconforming use of a structure, land, or structure and land in combination is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.
(3) 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 in which the structure is located, and the nonconforming use may not thereafter be resumed.
(D) (1) When a nonconforming use of a structure, or structure and land in combination, is discontinued or ceases to exist for 6 consecutive months or for 18 months during any 3-year period, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(2) Structures occupied by seasonal uses shall be exempted from this provision.
(E) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. 99, passed 11-18-1996, § 23.05
; Am. Ord. 157, passed 7-17-2007
)
(A) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing or for exterior aesthetic improvements to an extent not exceeding 50% of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
(B) Nothing in this chapter 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.
(Ord. 99, passed 11-18-1996, § 23.06)
Any special land use which is permitted as provided in this chapter shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in the district.
(Ord. 99, passed 11-18-1996, § 23.07; Am. Ord. 157, passed 7-17-2007
)
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