Chapter 27 – Part 21 – Nonconforming Buildings and Uses

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PART 21

 

NONCONFORMING BUILDINGS AND USES

§2101.                    GENERAL. 

All
lawful uses of land or of a building or other structure existing on the
effective date of this Chapter may be continued, altered, restored, recon­structed,
sold or maintained even though such use may not conform to the use, height,
area, yard and other regulations of the district in which it is located,
providing such nonconforming uses shall comply with the provi­sions of this
Part. 

(Ord. 84‑2,
3/29/1984, §2000)

§2102.          CONTINUATION. 

The
owner of the premises occupied by a lawful nonconforming use or building
existing at the effective date of this Chapter shall, within 1 year of the
effective date of this Chapter, report to the Zoning Officer the information
necessary for the registration of such nonconformance under §2107 of this Part
and shall secure a certificate of nonconformance for the purpose of insuring to
the owner the right to continue such nonconforming building or use. 

(Ord. 84‑2,
3/29/1984, §2001)

§2103.          ALTERATIONS
AND RECONSTRUCTION.

1.       Repairs and structural alterations not
constituting exten­sion, expansion or enlarge­ment may be made to a nonconform­ing
building or to a building occupied by a nonconform­ing use.

2.       A nonconforming building which is damaged
by fire, explosion or an act of God may be rebuilt and used for the same
purposes; provided, that:

A.       The reconstruction of the building is
commenced wit­hin 1 year from the date of the destroying of the building
and is carried to completion without undue delay.

B.       The reconstructed building does not
exceed in height, area and volume the building destroyed.

C.       The reconstructed building shall comply
with the area, size and yard regulations of the district in which it is
located.  The foregoing notwithstanding,
any nonconformities of the building or lot that existed prior to damage may be
continued to the same degree upon reconstruction of the building. 

(Ord. 84‑2,
3/29/1984, §2002; as amended by Ord. 05-07, 6/02/2005, §1.)

§2104.          EXTENSIONS,
EXPANSIONS AND ENLARGEMENTS. 

1.       The Zoning Hearing Board may authorize as
a special excep­tion the following types of extensions, expansions and enlarge­ments
for nonconforming uses and buildings existing on the effective date of this
Chapter:

A.       The extension of a nonconforming use of
land upon a lot occupied by such use. 

B.       The extension, expansion or enlargement
of a conforming building occupied by a nonconforming use. In cases where the
extension, expansion or enlargement of nonconformi­ng residential uses exist in
zoning districts not permitting residential uses, special exceptions will not
be required if such modifications are proposed to single family detached
structures and meet all other criteria of this Chapter.  [Ord. 92-5]

C.       The extension, expansion or enlargement
of a nonconform­ing building occupied by a nonconforming use. 

D.      The extension, expansion or enlargement of
a nonconform­ing building occupied by a conforming use. If the proposed
extension, expansion or enlargement will not encroach into the existing yard
area any further than what is then nonconforming, no special exception will be
required. [Ord. 92-5]

2.       The foregoing extensions, expansions and
enlargements of such nonconforming buildings or use shall be subject to the
following conditions: 

A.       The extension, expansion or enlargement
shall conform to the height, area, yard and coverage regulations of the
district in which the use would be permitted as a matter of right. 

B.       The entire building or use shall be
provided with off‑str­eet parking and loading spaces as required by
Part 20, “Off‑Street Parking.”

C.       The extension, expansion or enlargement
does not replace a conforming use. 

D.      The extension, expansion or enlargement of
the noncon­forming building or use shall not be permitted to extend into land
adjacent to the initial parcel of existing land occupied on the effective date
of this Chapter. 

(Ord. 84‑2,
3/29/1984, §2003; as amended by Ord. 92-5, 2/4/1992, §17)

§2105.          CHANGE
OF USE.

1.       Whenever a nonconforming use has been
changed to a conform­ing use, such use shall not thereafter be changed to a
nonconforming use. 

2.       A nonconforming use may be changed to
another noncon­forming use of the same or more restricted classification. 

(Ord. 84‑2,
3/29/1984, §2004)

§2106.          ABANDONMENT
AND DISCONTINUANCE.

1.       If a nonconforming use of a building or
land is abandoned for any period of time, the nonconforming status thereof
shall be lost and the subsequent use of such building or land shall be in
conformity with all the provisions of this Chapter. 

2.       If a nonconforming use of a building or
land ceases or is discontinued for a continuous period of 1 year or more,
the nonconforming status thereof shall be lost and subsequent use of such
building or land shall be in conformity with all the provisions of this Chapter
except in cases where the cessation or discontinuance was caused by
circumstances beyond the control of the owner. 

3.       The removal of a nonconforming
manufactured home from the site it occupied shall constitute abandonment of the
site so occupied and subsequent use of said site shall conform with the
provisions of this Chapter. 

4.       The removal of a manufactured home from a
residential lot already occupied by a residential building shall constitute
abandonment of the nonconforming use and such use shall not thereafter be
permitted. 

(Ord. 84‑2,
3/29/1984, §2005; as amended by Ord. 98-7, 8/27/1998)

§2107.          REGISTRATION. 

The
Zoning Officer shall register all nonconforming uses and structures with due
diligence, upon receipt of the information required under and by §2102 from the
owner.  He shall maintain for that
purpose a file, reflecting, for each nonconforming use of structure, the name
and addresses of all persons having an ownership or promissory interest in the
property, a description of the property, its location, its zoning
classification, a detailed description of each nonconforming use and structure,
the manner in which it is nonconforming, the date and a detailed description of
each alteration, restoration, reconstruction, change, extension and
enlargement, the date of any abandonment or discontinuance, the date of
issuance of each certificate of nonconformance and any other pertinent
information.

(Ord. 84‑2, 3/29/1984, §2006; as amended by Ord.
95-6
, 7/27/1995, §1)

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