§ 331-12. Nonconformities.

A. 

Continuing existing uses, buildings and structures.

(1) 

Except as otherwise provided herein, the lawfully permitted use of lands or buildings and the lawfully permitted existence of buildings and structures at the time of adoption of this chapter may be continued although such use, building or structure does not conform to the standards specified in this chapter for the district in which such lands, buildings or structures are located. Similarly, whenever a zoning classification or the restrictions affecting property within a district shall be changed hereafter so as to render nonconforming a use, building or structure then presently lawfully existing, such use, building or structure may nevertheless continue subject to the conditions set forth below. Said uses shall be deemed nonconforming uses and said buildings and structures shall be deemed dimensionally nonconforming.

(2) 

Any use in existence as of the effective date of this chapter which is by this chapter made a special permit use in the district in which it is located shall be presumed to have a special permit to the extent such use is legally conforming as of the effective date of this chapter.

B. 

Nonconforming use of land, buildings or structures.

(1) 

The nonconforming use of land may be continued; provided, however, that no such nonconforming use shall be enlarged or intensified, nor shall it be extended to occupy a greater area or volume of land than that occupied by such use at the time of the adoption of this chapter, nor shall the lot area be reduced, unless specifically allowed by other provisions in this chapter, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter.

(2) 

A building or structure, the use of which does not conform with the use regulations for the district in which it is situated, shall not be enlarged, extended or altered structurally or by volume of space unless the use therein is changed to a conforming use, or except to conform to an order of the Building Official to either correct an unsafe condition or to conform with the requirements of applicable laws or ordinances.

(3) 

No nonconforming use of a building or structure shall be enlarged or extended, except that any such nonconforming use may be extended throughout any parts of the building or structure which were obviously or manifestly arranged or designed only for such use at the time of the adoption or amendment of this chapter.

(4) 

No nonconforming use shall be changed to another nonconforming use, except as provided in Subsection E.

(5) 

If a nonconforming use ceases for any reason for a period of one year, or is changed to a conforming use, any future use of the land, building, air space above or structure shall be in conformity with the provisions of this chapter. Substantial discontinuance of activities consistent with or required for the operation of such nonconforming use or substantial vacancy of the building or structure in which the nonconforming use was conducted, together with substantial discontinuance of activities consistent with or required for the operation of such nonconforming use, shall be deemed to constitute a cessation thereof within the meaning of this chapter, irrespective of whether an intention to abandon the nonconforming use may exist. On application, however, the Board of Appeals on Zoning may extend the period upon finding that it is not reasonable in its application to the particular premises, taking into consideration the characteristics of the use, the investment which has been made in it, the circumstances of the discontinuance and the suitability of the structure for a permitted or special permit use.

(6) 

If any building or structure in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building or structure was located and the subsequent use of any building or structure thereon shall be in conformity with the standards specified by this chapter for the district in which such land is located.

C. 

Dimensional nonconformity. A residential building, in a residential zone, which is dimensionally nonconforming by reasons of density criteria, may be structurally altered or enlarged, provided that the aforesaid construction does not propose any new nonconforming features. A one- and two-family residential building, in a residential zone, which is dimensionally nonconforming by reason of side yards, may be structurally altered or enlarged within the required side yard, provided that the aforesaid construction does not encroach upon the required front or rear yards except that in all cases, a minimum side yard of no less than six feet shall be maintained. An existing one-family residential building in a one-family residential district, which is nonconforming by reason of lot area or frontage, may be structurally altered or enlarged, provided that the aforesaid construction does not encroach upon any required front, rear, or side yard. These provisions shall not apply to accessory uses.

[Amended 5-19-2005 by Ord. No. 120-2005]

D. 

Reconstruction.

(1) 

Should a building or structure, other than a one-family residential building in a residential zone, the use of which or the use of a portion of which is nonconforming, or which is dimensionally nonconforming, be destroyed or damaged by any means to an extent greater than 50% of the replacement cost of the entire building or structure used in connection therewith at the time of the reconstruction, it shall not thereafter be reconstructed or used except in conformity with the provisions of this chapter.

[Amended 5-19-2005 by Ord. No. 120-2005]

(2) 

Should a building or structure, the use of which or the use of a portion of which is nonconforming or which is dimensionally nonconforming, be destroyed or damaged by any means to an extent of 50% or less of the replacement cost of the entire building or structure used in connection therewith at the time of the reconstruction, it may be reconstructed and any accompanying nonconforming use continued, provided that the reconstruction is commenced within one year of the date of such damage and completed within two years of said date, and further provided that it shall be reconstructed in accordance with a plan approved by the Board of Appeals on Zoning via a special permit so as to result, where reasonable, in greater conformity with this chapter.

(3) 

An existing garage accessory to a one- or two-family dwelling may be replaced in the same dimensions as the original structure and in accordance with a plan submitted to and approved by the Building Official. If a nonconforming garage is demolished by order of the Building Official, such garage may be reconstructed at any time in the same footprint and dimensions as the original structure.

[Added 7-19-2011 by Ord. No. 135-2011; amended 2-19-2013 by Ord. No. 39-2013]

E. 

Change to other nonconforming use. On application, any nonconforming use of land, buildings or structures may be changed to another nonconforming use upon approval by the Board of Appeals on Zoning, based upon a finding that the proposed use is more consistent with the character of the surrounding neighborhood and having less adverse impacts. In permitting such change, the Board of Appeals on Zoning may impose such conditions and safeguards as it may deem necessary or appropriate to further the purposes of this chapter.

F. 

Improvement of nonconforming uses. In order that nonconforming uses may gradually be brought into greater conformity with this chapter and the adverse external effects of such uses may be reduced, the owner of the land, building or structure so used may be permitted to make limited changes to such building, structure or use in conjunction with a site plan whereby through landscaped screening and buffer areas, control of noise, smoke, odors, lighting, architectural changes, location and layout of parking lots and access drives, or by any other appropriate means, these purposes may be achieved. Such plan shall be presented to the Board of Appeals on Zoning which may then grant approval or approval with modifications, provided said Board finds that the purposes of this section would be advanced by such action.