Nonconforming lot.
Nonconforming lots may continue but shall be subject to regulations covering nonconforming uses.
Nonconforming structures.
A nonconforming structure may continue in its present location but shall be subject to the regulations covering nonconforming uses.
Discontinued use of nonconforming lots or structures.
A nonconforming use or structure or lot, when discontinued or abandoned, may be resumed any time within one year from such discontinued or abandoned date, but not after, as the same class of use or structure but cannot be resumed as a conforming use or structure of a lower class.
Extensions or alterations.
A. Nonconforming structures being used or proposed to be used for a conforming purpose may continue and may be extended or altered if the extension or alteration does not increase the nonconformity of the structure with respect to the height, setback, yard and coverage regulations of the district in which it is located. In the case of a nonconforming use, such extension or alteration shall also meet the requirements of Subsections B and C of this section.
B. Nonconforming uses of a portion of a structure may be extended throughout the structure. Nonconforming uses may continue and may be extended or altered in accordance with the following provisions:
(1) That the floor area of the structure housing such use shall not be increased by more than a total 25% of the floor area of said structure existing on the date the use first became nonconforming.
(2) That any extension of such use shall conform to the area, height, setback, width, yard and coverage regulations of the district in which it is located and Subsection C of this section.
C. Existing structures and/or uses located in the Floodplain Conservation District shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.
Structures destroyed by fire, explosion, accident and calamity.
A nonconforming structure which has been damaged or destroyed by fire, explosion, accident or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used for the nonconforming use, provided that the reconstructed structure shall not exceed in height, area and volume the structure destroyed; and that structure reconstruction shall be started within one year from the date the structure was destroyed and shall be carried on without interruption.
Condemned structures.
A nonconforming structure which has been legally condemned shall not be rebuilt or used except in accordance with the provisions of this chapter.
Abatement of certain nonconforming uses.
All nonconforming junkyards on the same lot with a plant, sales facility or a factory shall be discontinued or otherwise made to conform within 10 years of the adoption of this chapter.
Area and setback.
When authorized as a special exception, a structure may be erected or altered for the uses permitted in the zoning district upon any lot which is not of the required minimum area or width or is of such unusual dimensions that a strict application of the area, front yard, side yard, building coverage or rear yard requirements would impose an unnecessary hardship upon the owner of the lot; provided, however, that in no event shall building coverage be permitted to exceed 50%.
Alteration of structure in Floodplain Conservation District. See
§ 116-204: Alteration of structure in Floodplain Conservation District. for detailed information.
See
Article XXVII: Nonconforming Lot, Structure and Use for mre detailed information.