CODE OF ORDINANCES

Article III - Nonconformities

Sec. 70-241. - Continuation.

(a) If any legally established lot, structure or use does not conform to the provisions of this chapter, such lot, structure or use may continue as provided in this section.

(b) The right to continue a nonconforming lot, structure or use shall not be impaired by any change in title or occupancy.

(c) A nonconforming use shall not require a special use permit, so long as such use is not expanded or enlarged beyond the boundaries of the building or lot where it was located.

(d) If any nonconforming use is discontinued for a period exceeding two years, it shall be deemed abandoned; and any subsequent use shall conform to the requirements of this chapter. Any sign advertising a use that has been deemed abandoned shall also be deemed abandoned.

(e) If a nonconforming lot, structure or use has been changed such that it more nearly conforms to the requirements of this chapter, it shall not be returned to the previous nonconforming condition, or changed such that it is farther from conforming to the requirements of this chapter.

(Ord. of 5-2-1996, § 1201)

 

Sec. 70-242. - Nonconforming lots.

In agricultural and residential zoning districts, any lot of record at the time of enactment or amendment of this chapter that is less in area or frontage than the minimum required by such enactment or amendment may be used for one single-family dwelling.

(Ord. of 5-2-1996, § 1202)

 

Sec. 70-243. - Nonconforming structures.

(a) Nothing in this chapter shall be deemed to prevent the repair, maintenance or strengthening of a nonconforming structure.

(b) A nonconforming structure may be restored or replaced within its original footprint.

(c) A nonconforming mobile home may be replaced with a manufactured home. A nonconforming manufactured home may be replaced with a newer manufactured home.

(Ord. of 5-2-1996, § 1202)

 

Sec. 70-244. - Expansion or enlargement.

(a) A nonconforming structure or use may be expanded or enlarged only in conformance with the requirements of this chapter. If a structure is nonconforming due to encroaching on a setback area or required yard, it may be expanded or enlarged within such setback area or required yard, provided the new portion of the structure is no closer to the affected property line than the nonconforming portion.

(b) A nonconforming use shall not be changed to a more intensive nonconforming use, or a use that is farther from conforming with the requirements of this chapter.

(c) A nonconforming use may be extended throughout any part of a structure which was arranged or designed for such use at the time of enactment or amendment of this chapter.

(Ord. of 5-2-1996, § 1204)

 

Secs. 70-245--70-275. - Reserved.