(A) Intent. Nonconformities are of three types: nonconforming lots of record, nonconforming structures, and nonconforming uses.
(B) Nonconforming lots of record.
(1) The Zoning Administrator may issue a permit for any nonconforming lot of record provided that:
(a) Said lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited;
(b) Said lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the zoning regulation; and
(c) Said lot can meet all required yard regulations for the district in which it is located by relying upon compatibility standards and setback averaging to achieve the desired protections.
(2) Setback averaging is allowed where existing front yard setbacks on the same block are less than the district standard and will rely on the following conditions:
(a) Existing setbacks on the same block face are averaged;
(b) Only lots with similar uses to that proposed are included in the average;
(c) Vacant lots are included using the district setback; or
(d) Existing front yard setbacks can rely upon existing nonconformities such that any addition or enlargement does not exceed the point of nonconformity setback.
(C) Nonconforming structures.
(1) Authority to continue. Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which is located on a lot which does not comply with the use regulations and/or the applicable setback and height regulations may be continued, so long as it remains otherwise lawful.
(2) Enlargement, repair, and alterations. Any nonconforming structure may be maintained, repaired, or remodeled; provided, however, that no such enlargement, maintenance, repair, or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure. Setback averaging is allowed where existing front yard setbacks on the same block are less than the district standard and will rely on the following conditions:
(a) Existing setbacks on the same block face are averaged;
(b) Only lots with similar uses to that proposed are included in the average;
(c) Vacant lots are included using the district setback; or
(d) Existing front yard setbacks can rely upon existing nonconformities such that any addition or enlargement does not exceed the point of nonconformity setback.
(3) Damage or destruction. In the event any nonconforming structure is damaged or destroyed, by any means, to the extent of more than 75% of its assessed fair market value, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located. When a structure is damaged to the extent of 75% or less of its fair market value, no repairs or restoration shall be made unless a building permit is obtained within six months, and restoration is actually begun one year after the date of such partial destruction and is diligently pursued to completion.
(4) Moving. No nonconforming structure shall be moved, in whole or in part, for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.
(D) Nonconforming uses.
(1) Authority to continue. Any lawfully existing nonconforming use of part or all of a structure or any lawfully existing nonconforming use of land, not involving a structure or only involving a structure which is accessory to such use or land, may be continued, so long as otherwise lawful.
(2) Ordinary repair and maintenance.
(a) Normal maintenance and incidental repair, or replacement may be performed on any structure or system that is devoted in whole or in part to a nonconforming use.
(b) Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official in charge of protecting the public safety who declares such structure to be unsafe and orders its restoration to a safe condition.
(3) Extension. A nonconforming use or structure shall not be extended, enlarged which results in additional nonconformity, or increases the degree of nonconformity.
(4) Enlargement. No use or structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner unless such use of enlargement is allowed in the district and/or does not increase the degree of nonconformity.
(5) Damage or destruction. In the event that any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, no repairs or restoration shall be made unless a building permit is obtained within six months and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.
(6) Moving. No structure that is devoted in whole or in part to a nonconforming use and nonconforming use of land shall be moved in whole or in part for any distance whatever, to any location on the same or any other lot, unless the entire structure and the use thereof or the use of land shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
(7) Change in use. If no external structural alterations are made which will expand the area or change the dimensions of the existing structure, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the governing body after receiving a recommendation from the Planning Commission, by making findings in the specific case, shall find that the proposed use is more appropriate to the district than the existing nonconforming use. More appropriate shall mean creating less traffic, noise, glare, odor, or other characteristics of the proposed use. In permitting such change, the governing body may require appropriate conditions and safeguards to protect surrounding areas and properties. Once such use has changed, it may no longer be returned to the original use or any other less appropriate use.
(8) Abandonment or discontinuance. When a nonconforming use is discontinued or abandoned, for a period of 12 consecutive months, such use shall not thereafter be re-established or resumed, and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located, unless an extension request is submitted to the Planning Commission for its recommendation and forwarded for approval or denial to the appropriate governing body.
(9) Nonconforming accessory uses. No use, which is accessory to a principle nonconforming use, shall continue after such principal use shall cease or terminate.
(Ord. 667, passed 12-3-2014) Penalty, see § 153.999