Within the districts established by this Zoning Ordinance or amendments that may later be adopted, there exists lots, structures, and uses of land and structures which were lawful before this Zoning Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Zoning Ordinance or future amendment. It is the intent of this Zoning Ordinance to permit these non-conformities to continue until they are removed but not to encourage their continuance. Such uses are declared by this Zoning Ordinance to be incompatible with permitted uses in the districts involved.
It is further the intent of this Zoning Ordinance that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district except by appeal to the Board of Zoning appeals for approval of specific plans. Expansions of existing non-conforming uses, where allowed by the Board of Zoning Appeals, may be made only on property owned by the applicant as of the effective date of this Zoning Ordinance.
A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of a structure and land shall not be extended or enlarged after passage of this Zoning Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
To avoid undue hardship, nothing in this Zoning Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Zoning Ordinance and upon which actual building construction has been diligently carried on. 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 such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
(a) Non-conforming Lots of Record: In any district in which single-family dwellings are permitted, notwithstanding other limitations imposed by other provisions of this Zoning Ordinance, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption or amendment of this Zoning Ordinance subject to the following conditions:
If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Zoning Ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this Zoning Ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this Zoning Ordinance, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this Zoning Ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this ordinance.
(b) Non-conforming Uses of Land: Where at the effective date of adoption or amendment of this Zoning Ordinance, lawful use of land exists that is made no longer permissible under the terms of this Zoning Ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(1) No such non-conforming 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 Zoning Ordinance, except as provided.
(2) No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance.
(3) If any such non-conforming use of land ceases for any reason for a period of more than twelve (12) months, any subsequent use of such land shall conform to the regulations specified by this Zoning Ordinance for the district in which such land is located.
(4) Where a non-conforming use of the land by the nature of the use requires expansion or enlargement of the land area so used in order to continue in operation such as removal of sand, earth, stone, minerals, etc., continuance of such operations following the adoption or amendment of this Zoning Ordinance shall be deemed a violation.
(c) Non-conforming Structures: Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Ordinance that could not be built under the terms of this Zoning Ordinance by reasons of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful.
(d) Non-conforming Uses of Structures: If a lawful use of a structure or of structure and premises in combination exists at the effective date of adoption or amendment of this Zoning Ordinance, the lawful use may be continued so long as it remains otherwise awful, subject to the following provisions:
(1) If no structural alterations are made, any non-conforming use of a structure, or structure and premises, may be changed to another non-conforming use provided that the Board of Zoning appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Board of Zoning Appeals in collaboration with the Planning Commission may require appropriate conditions and safeguards in accord with the provisions of this Zoning Ordinance.
(2) Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located and the non-conforming use may not thereafter be resumed.
(3) When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for twelve (12) consecutive months, the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(4) When non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall result in uses only permitted in the district in which it is located.
(e) Repairs and Maintenance: On any building devoted in whole or in part to any non-conforming use, work may be done on ordinary repairs or on repairs or replacement of non-bearing walls, fixtures, wiring or plumbing.
(f) Restoring Buildings: When a building or structure, the use of which does not conform to the provisions of this Zoning Ordinance, has been damaged by explosion, fire, act of god, or the public enemy, to the extent of twice its assessed value for tax purposes, it shall not be restored or reconstructed or in any way used except in conformity with the district regulations of the district in which the building is situated. When a non-conforming use qualifies for such reconstruction, a building permit shall be secured for that purpose within one (1) year from the date of occurrence for that damage and such reconstruction shall be diligently prosecuted and completed without delay. Failure to comply as set forth above shall cause such non-conforming uses to lapse and the premises shall conform thereafter to the established district regulations therein.
(g) Violations Not Rendered Non-conforming: A use, structure or lot which was in violation of the provisions of the Ordinance which this Zoning Ordinance amends shall not be validated or become non-conforming upon the adoption of this Zoning Ordinance.
Nothing in this Zoning Ordinance 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 such official. (Ord. 13-12. Passed 8-9-12.)