CHAPTER 10
NONCONFORMITIES
1000 General
1010 Nonconforming Uses of Unimproved Land
1020 Nonconforming Uses of Buildings
1030 Nonconforming Lots
1040 Structural Nonconformities
1050 Repairs
SECTION 1000 GENERAL
Within the districts established by this code or amendments that may later be adopted there exist uses, structures, and lots which were lawful before this code was adopted or amended but which would be prohibited under the terms of this code or future amendment to this code. These uses, structures, and lots, herein referred to as "nonconformities," may continue as regulated by this Chapter. A use lawfully existing prior to the effective date of this code, or amendment thereto, which does not comply with a parking, screening, or bulk and area requirement or requirements, but which is otherwise lawful, shall not constitute a nonconforming use with the meaning of Section 1110 and 1120.
SECTION 1010 NONCONFORMING USES OF UNIMPROVED LAND
When at the effective date of this code or amendment thereto a lawful use of land exists, which would not be permitted by the terms of this code or amendment thereto, such shall be deemed a nonconforming use of unimproved land. The nonconforming use of land may be continued provided:
A. No such nonconforming use shall be changed to another nonconforming use, nor enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of this code or amendment thereof.
B. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of this code or amendment thereof.
C. No additional structure (other than fences) shall be erected in connection with such nonconforming use of land.
D. If any such nonconforming use of land ceases for any reason for a period of more than 90 days (except when government action impedes access to or use of the premises), any subsequent use of such land shall conform in all respects to the regulations of the district in which located.
SECTION 1020
When at the effective date of this code or amendment thereto, there exists a lawful use of a building, or use of a principal building and land, or use of land and accessory structures, such structures covering more than 10 percent of the lot area, and such use would not be permitted by the terms of this code or amendment thereto, such use shall be deemed nonconforming and may continue subject to the following provisions:
A. No building devoted to a nonconforming use shall be enlarged or extended, except in changing the use of the building to a use permitted in the district in which it is located.
B. A nonconforming use of a portion of a building may be extended to the remaining portions of the building if such portions were manifestly arranged and designed for such use but such use shall not extended to occupy any land outside the building.
C. A nonconforming use of a building, or building and land in combination, if superseded by a permitted use shall not thereafter be resumed.
D. A nonconforming use of a building or building and land in combination, if discontinued for 12 consecutive months or for 12 months during any 18 month period (except when governmental action impedes access to or the use of the premises), shall not thereafter be resumed.
E. Where nonconforming use status applies to a building and land in combination, termination of the use of the building within the meaning of (D) above shall eliminate the nonconforming status of the use of the land.
F. A nonconforming use of a building or of a building and land in combination when located within a residential district shall not be changed unless changed to a use permitted in the district in which located. A nonconforming use of a building or of a building and land in combination, when located within a district other than Residential District, may, as a Special Exception, be changed upon approval of the Board of Adjustment after finding that the proposed use will not result in any increase of incompatibility with the present and future use of proximate properties. The change of a use to another use contained within the same use unit shall not constitute a "change of use" within the meaning of this section.
G. Should the structure containing a nonconforming use be damaged or partially destroyed to the extent of more that 50 percent but less that 75 percent of its current replacement cost at the time of damage, the restoration of the structure shall be subject to the Board of Adjustment's findings, after adherence to the procedural requirements for a Special Exception, that the contemplated restoration is necessary for the continuance of the nonconforming use, and will not result in any increase of incompatibility with the present and future use of proximate properties. Should the structure containing a nonconforming use be damaged or destroyed to the extent of more than 75 percent of its replacement cost at the time of damage, the nonconforming use shall not thereafter continue or be resumed.
SECTION 1030 NONCONFORMING LOTS
A. Single Lots: In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, 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 ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.
B. Adjoining Lots: If two or more adjoining lots with continuous frontage are in a single ownership at any time after the adoption or amendment of this ordinance and such lots individually are too small to meet the yard, width or area requirements of the district in which they are located, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and the lots in one ownership shall be subject to the requirements of this ordinance.
C. In districts other than residential districts, any use permitted by right in the applicable district may be located on any lot of official record at the effective date of this code, irrespective of its area or width, provided the other requirements of the use district are complied with.
SECTION 1040 STRUCTURAL NONCONFORMITIES
A structure, lawfully existing at the effective date of the adoption or amendment of this code, but which would be prohibited by the terms of this code by reason of restrictions on floor area, density, intensity, height, yards, its location on the lot, or other requirements concerning the structure, shall be deemed nonconforming and may continue, subject to the following provisions:
A. No such nonconforming structure may be enlarged or altered on any manner which increases its nonconformity, but any structure may be altered to decrease its nonconformity, provided that the addition of a mezzanine or similar alteration which does not increase the cubic content of the structure shall not constitute an "increase in nonconformity."
B. Should such structure be damaged or partially destroyed by any means to the extent of more than 50 percent of its current replacement cost at a time of damage, the restoration as a nonconforming structure shall be subject to the Board of Adjustment's findings, after adherence to the procedural requirements for a Special Exception, that its restoration to conforming structure cannot reasonably be made in view of the nature and extent of the nonconformity and the nature and extent of the damages.
C. Should such structure be moved for any distance whatever, it shall thereafter conform to the provisions of the district in which located.
SECTION 1050 REPAIRS
A. On any building containing a nonconforming use or any nonconforming structure, ordinary repairs and maintenance may be made provided that the cubic content of the building is not increased and structural nonconformity is not increased.
B. If a nonconforming structure or a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and a final order of vacation or demolition is entered by any duly authorized official by reason of physical condition, it shall not thereafter be used, restored, or repaired, or rebuilt except in conformity with the provisions of the district in which located.