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It is the intent of this ordinance to permit nonconforming lots of record and nonconforming uses of land and structures to continue until they are removed, but not to encourage their survival. It is further the intent of this ordinance that nonconformities shall not he enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. 1. Nonconforming lots of record. In any district any use which is permitted may be allowed on any single lot of record at the effective date of adoption or amendment of this ordinance. 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 requirements other than those applying to the area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the board of adjustment. 2. Nonconforming use of land not enclosed by buildings. Where open land is being used for a nonconforming use such use shall not be extended or enlarged either on the same or adjoining property. 3. Nonconforming use of buildings. Except as otherwise provided herein, the lawful use of a building existing at the effective date of this ordinance may be continued although such use does not conform to the provisions hereof. No such nonconforming structure may be enlarged or altered in any way which increases its nonconformity. If no structural alterations are made, a nonconforming use of a building may be hereafter extended throughout a building which was lawfully and manifestly arranged or designed for such use at the time of the enactment of the ordinance. 4. Discontinuance of nonconforming uses. No building or land or portion thereof used in whole or in part for a nonconforming use which remains idle or unused for a continuous period of one year, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the district in which it is located. 5. Destruction of a nonconforming use. No building which has been damaged by any cause whatsoever to the extent of more than 50 percent of the fair market value of the building immediately prior to damage shall be restored except in conformity with the regulations of the ordinance, and all rights as a nonconforming use are terminated. If a building is damaged by less than 50 percent of the fair market value, it may be repaired or reconstructed to its original size and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within 12 months of the date of such damage. 6. Intermittent use. The casual, intermittent, temporary, or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract. 7. Existence of a nonconforming use. In cases of doubt and on specific questions raised, whether a nonconforming use exists shall be a question of fact and shall be decided by the governing authority after public notice and hearing and receipt of the report and recommendation of the board of adjustment. 8. Change of nonconforming use. If no alterations are made, any nonconforming use of a structure and premises may be changed to another nonconforming use provided that the board of adjustment shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. Such request shall follow the same administrative course as application for a conditional use. 9. Nonconforming uses not validated. A nonconforming use in violation of a provision of the ordinance which this [ordinance] repeals shall not be validated by the adoption of this ordinance. |
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(Ord. of 11-17-2015(1)) |