No building or structure, or part thereof, shall hereafter be erected, constructed or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this chapter.
(A) Intent.
(1) It is recognized that there exists within the districts established by this chapter or amendments that may later be adopted, lots, structures and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter.
(2) It is the intent of this chapter to permit these non-conformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter 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.
(3) 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 chapter 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.
(4) To avoid undue hardship, nothing in this chapter 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 chapter 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.
(B) Non-conforming lots. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record or parcel with a minimum of 40 feet in width, at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements for area that are generally applicable in the district; provided that, yard dimensions and other requirements not involving the area of the lot shall conform to the regulations for the district in which such lot is located.
(C) Non-conforming uses of land. Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter 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 chapter.
(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 chapter.
(3) If such non-conforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(D) Non-conforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter by reason 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, subject to the following provisions.
(1) No such structure may be enlarged or altered in a way which increases its non- conformity.
(2) Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
(3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(E) Non-conforming uses of structures and land. If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(1) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located.
(2) Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(3) 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 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 Appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter.
(4) 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.
(5) When a non-conforming use of a structure, or structure and premises in combination, is discontinued or ceases to exist for six consecutive months, the structure, or structure and premises in combination, shall not thereafter be used, except in conformity with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be excepted from this provision.
(6) Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.
(F) Repairs and maintenance.
(1) On any building devoted in whole or in part to any non-conforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non- bearing walls, fixtures, wiring or plumbing to an extent not exceeding 50% of the true cash value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased. The repair and maintenance or remodeling of buildings located in O-S, B-1, CBD or B-2 Districts for uses allowed in such districts shall not be prohibited due to inadequate off-street parking as required in § 190.324 of this chapter.
(2) Nothing in this chapter 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.
(G) Uses under special use provisions not conforming uses. Any existing use for which a general exception or special approval is permitted as provided in this chapter shall not be deemed a non- conforming use, but shall without further action be deemed a conforming use in such district.
(H) Change of tenancy or ownership. There may be a change of tenancy, ownership or management of any existing non-conforming uses of land, structures and premises; provided, there is no change in the nature or character of such non-conforming uses.
(Prior Code, App. A, § 2401) (Ord. 1277, passed 4-2-2007)