A. Scope. The regulations of this Article govern “nonconformities” which are uses, structures, lots, signs and other situations that came into existence legally but that do not conform to one or more requirements of this Zoning Ordinance. These are referred to in this Zoning Ordinance as “nonconformities.”
B. Authority to Continue. Increase Prohibited. Any nonconformity that came into existence lawfully and continues to be a lawful use at the time of adoption of this Ordinance or that becomes nonconforming upon the adoption of any amendment to this Zoning Ordinance may be continued in accordance with the provisions of this Article. The extent, degree, size, and frequency of any nonconformity shall not be increased in any manner.
C. Intent. The regulations of this Article are intended to:
(1) Recognize the interests of landowners in continuing to use their property;
(2) Promote reuse and rehabilitation of existing buildings; and
(3) Prohibit the expansion of nonconformities.
D. Reserved.
E. Determination of nonconformity status. The burden of proving that nonconformity existed prior to the adoption of this Ordinance or subsequent amendments rests with the subject landowner.
F. Repairs and maintenance.
(1) Incidental repairs and normal maintenance necessary to keep a Nonconforming Structure in sound condition are permitted unless such repairs are otherwise expressly prohibited by this Zoning Ordinance.
(2) Nothing in this Article will be construed to prevent Structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of a public official.
G. Change of tenancy or ownership. Nonconformity status runs with the land and is not affected by changes of tenancy, ownership, or management.
H. Historic buildings. Buildings designated as historic through the process set forth in the HP Historic Preservation Overlay District, ARTICLE XI shall be considered conforming to this Ordinance as hereinafter provided. This conforming status shall only apply to height, setback, yard, area and other dimensional requirements as found by the Design Review Board to be of historic significance in the designation process. Such finding shall supersede any conflicting standard set forth in the zoning district in which the building is located and shall be applied to the building and the site in making future determinations of conformity as to the existing building or any changes consistent with an approved Certificate of Appropriateness (see Historic Preservation Overlay District, Article XI). Notwithstanding anything to the contrary herein, alteration or removal of architectural features and/or historic fabric considered instrumental in the original designation by the Design Review Board may, at the option of the Design Review Board, result in the loss of historic designation and conforming status.
(1/20/09; Ord. 2018-07, passed 11-20-2018)