(a) Nonconforming lots. In any one-family or multiple-family district, one-family and two-family dwellings may be erected on any single lot of record existing on the effective date of adoption or amendment of this Zoning Code, even though the lot fails to meet the requirements for area and width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving the area and width of the lot conform to the regulations for the district in which the lot is located. The Board of Zoning Appeals may grant a variance where the strict application of the provisions of this Zoning Code would result in practical or unnecessary hardship in complying with the minimum yard requirements for the district in which the lots are located.
(b) Nonconforming uses of land. The lawful use of any land existing on the effective date of adoption or amendment of this Zoning Code may be continued although the use does not conform to the provisions of this Zoning Code, provided that the following provisions are met:
(1) A. A nonconforming use shall not be extended, enlarged or increased to occupy a greater area of land than was occupied on the effective date of this Zoning Code, with the following exceptions:
1. A manufactured home existing as a nonconforming use may be replaced by a larger manufactured home, provided that all setback requirements for that district are in compliance.
2. An existing conditional use church, in a residential neighborhood, not located on a major or minor arterial thoroughfare, may be extended or expanded to occupy a greater area of land, provided that all setback requirements for that district are in compliance.
B. The extension of a lawful use to any portion of a nonconforming structure which existed prior to the enactment of this Zoning Code shall not be deemed to be the extension of the nonconforming use. However, a nonconforming use may be extended, enlarged or increased to occupy a greater area of land than was occupied on the effective date of this Zoning Code in the event the same is required by law.
(2) Whenever a nonconforming use has been discontinued for a period of two years or more, the discontinuance shall be considered as conclusive evidence of an intention to abandon legally the nonconforming use. At the end of the two-year period, any subsequent use of the land shall conform to the provisions of this Zoning Code for the district in which the land is located.
(3) Nonconforming uses existing and established after the effective date of this Zoning Code shall be declared illegal nonconforming uses and shall be discontinued no more than 20 days following the date of inspection of the use.
(4) A nonconforming use destroyed or damaged by fire, collapse, explosion or acts of nature, to the extent of 100% of its replacement cost, exclusive of the foundation at the time of destruction, may be reconstructed and the nonconforming use continued although the use does not conform to the provisions of this Zoning Code, subject to the following conditions:
A. The reconstruction of a nonconforming use shall not be extended, enlarged or increased to occupy greater lot coverage than was occupied on the effective date of this Zoning Code.
B. Reconstruction shall begin on a nonconforming use within one year from the date the nonconforming use was destroyed or damaged by fire, collapse, explosion or acts of nature.
(c) Nonconforming structures. A lawful structure existing on the effective date of adoption or amendment of this Zoning Code may be continued although the structure does not conform to the area, height or yard provisions of this Zoning Code, provided that the following provisions are met:
(1) A nonconforming structure may not be altered or enlarged in a manner which increases its nonconformity.
(2) A nonconforming structure destroyed or damaged by fire, collapse, explosion or acts of nature, to the extent of 100% of its replacement cost, exclusive of the foundation at the time of destruction, may be reconstructed and the nonconforming structure continued although the structure does not conform to the provisions of this Zoning Code, subject to the following conditions:
A. The reconstruction of a nonconforming structure shall not be extended, enlarged or increased to occupy greater lot coverage than was occupied on the effective date of this Zoning Code.
B. Reconstruction shall begin on a nonconforming structure within one year from the date the nonconforming structure was destroyed or damaged by fire, collapse, explosion or acts of nature.
(3) Should the structure be moved or transported for any reason and for any distance whatsoever, it shall thereafter conform to the provisions for the district in which it is located after it is removed.
(d) Nonconforming uses of structures and land. The lawful use of a structure or of a structure and land, existing on the effective date of adoption or amendment of this Zoning Code, may be continued although the use does not conform to the provisions of this Zoning Code, providing that the following provisions are met:
(1) Whenever a nonconforming use of a structure and land in combination has been discontinued for six consecutive months, or for 18 months during any three-year period, the structure and premises in combination shall not be re-established or used except in conformity with the provisions of the district in which it is located.
(2) Any nonconforming use of a structure and land in combination may be changed to another nonconforming use of the same or a more restrictive classification than the existing nonconforming use by the Board of Zoning Appeals. In permitting such a change, the Board may require that the more restrictive nonconforming use meet certain conditions and requirements in accordance with the provisions of this Zoning Code.
(3) Where a nonconforming structure and use exist, the removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. 1-91, passed 3-4-1991; Ord. 30-2007, passed 9-17-2007; Ord. 20-2016, passed 10-3-2016)