Chapter 27 - Part 21 - Nonconforming Buildings and Uses
NONCONFORMING BUILDINGS AND USES
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)
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)
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)