(a) Nonconforming Structure
.
(1) Maintenance permitted
.
A nonconforming structure lawfully existing upon the effective date of this Zoning Ordinance may be maintained, except as otherwise provided in this section.
(2) Repairs. A nonconforming structure may be repaired or altered provided no structural change shall be made.
(Ord. 411. Passed 12-4-75.)
(3) Additions, enlargements, moving or replacement
.
A. A structure nonconforming as to use, height, yard requirements or lot area shall not be added to, enlarged or replaced in any manner unless such structure, including such addition, enlargement or replacement, is made to conform to the use (except as permitted by Section 1129.04(c)), height, yard, and lot area requirements of the district in which it is located.
(Ord. 1994-12. Passed 10-27-94.)
B. No nonconforming structure shall be moved in whole or in part to any other location on the lot on which it is located unless every portion of such structure is made to conform to all the requirements of the district in which it is located.
(b) Nonconforming Uses
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(1) Continuation and change of use
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Except as otherwise provided in this Zoning Ordinance.
A. A nonconforming use lawfully existing upon the effective date of this Zoning Ordinance may be continued.
B. A nonconforming use may be changed only to a use of the same or more restricted classification.
(2) Expansion prohibited
.
A. A nonconforming use in a structure designed for a conforming use shall not be expanded or extended into any other portion of such conforming structure nor changed except to a conforming use.
B. A nonconforming use on a part of a lot shall not be expanded or extended into any other portion of such lot.
(c) Single Non-Conforming Lots of Records
.
In any district in which single-family dwellings are permitted, 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 Zoning Ordinance notwithstanding limitations imposed by other provisions of this Zoning Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply for area or width, or both that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variances of requirements of this Zoning Ordinance other than lot area or lot width shall be obtained only through action of the Board of Zoning Appeals according to the procedures and requirements of Section 1165.05.
(d) Nonconforming Lots of Record in Combination
.
If two or more lots or a combination 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 with no buildings do not meet the requirements established for lot width and area, 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 in a manner which diminishes compliance with lot width and area requirements established by this Zoning Ordinance, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Zoning Ordinance.
(e) Nonconforming Variance Permitted by Board of Zoning Appeals
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The Board of Zoning Appeals according to the procedures and requirements of Section 1165.05 may authorize upon appeals in specific cases such variance from the terms of this section as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this section will result in unnecessary hardship, and so that the spirit of this section shall be observed and substantial justice done; provided, however, that no action shall be taken or decision made except after public hearing.
(f) Buildings Under Construction
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Any building arranged, intended or designed for a nonconforming use the construction of which has been started at the time of the passage of this Zoning Ordinance, but not completed, may be completed and put into such nonconforming use, provided it is done within one year after the effective date of this Zoning Ordinance.
(Ord. 411. Passed 12-4-75.)