SECTION 7

NONCONFORMING SITUATIONS

A.      Purpose.

Within the zoning districts established by this Ordinance, there exist:

1.      nonconforming lots of record;

2.      nonconforming buildings or structures; and

3.      nonconforming uses of land

which were legally established prior to the effective date of this Ordinance, but which would be prohibited, regulated or restricted under the provisions of this Ordinance. It is the intent of this Ordinance to permit these legally established nonconforming lots, structures and uses to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance that legally established nonconforming structures and uses shall not: (a) be enlarged upon, expanded or extended; or (b) be used as grounds for adding other structures or uses which are prohibited elsewhere in the same district. In addition, nonconforming lots of record, nonconforming buildings or structures, and nonconforming uses of land that are either illegal or not legally established on the effective date of this Ordinance shall not become legally established or validated by virtue of the enactment of this Ordinance.

B.      Incompatibility of Nonconforming Uses.

Legally established nonconforming uses are declared by this Ordinance to be incompatible with permitted uses in the zoning district in which such legally established nonconforming use is located. A legally established nonconforming use of a building or structure, or a legally established nonconforming use of land, shall not be extended, expanded or enlarged after the effective date of this Ordinance.

C.      Avoidance of Undue Hardship.

To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans for or construction of any building or structure, or the designation of use of any building or structure, for which a building permit has been properly issued prior to the effective date of this Ordinance; provided that the construction of such building or structure is commenced within six (6) month of such effective date and diligently prosecuted to completion; and provided further however that such construction shall be completed within two (2) years of the issuance of said building permit.

D.      Nonconforming Lots of Record.

Any legally established lot recorded or any legally established platted lot recorded prior to the effective date of this ordinance, having less than the required minimum lot area or minimum lot width required by the applicable zoning district regulations of this Ordinance, shall be deemed a permitted exception to such minimum lot area or minimum lot width and may be used for any use permitted within the applicable zoning district in which such lot is located provided that:

1.      all other development standards are met; and

2.    such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.

If two or more legally established lots o£ record, or a combination of legally established lots of record and portions of legally established lots of record with continuous frontage in single ownership, are of record on the effective date of this Ordinance, the lots involved shall be considered to be a single lot for the purposes of this Ordinance and no portion of such single lot shall be used or sold in a manner which increases noncompliance with minimum lot width and minimum lot area requirements established by this Ordinance, nor shall any division of any such single lot be made which creates a lot with a minimum lot width or minimum lot area below the requirements stated in this ordinance. Nothing herein shall be construed to require a combination of lots of record beyond that which is necessary to create lots in compliance with the minimum standards of the applicable zoning district.

E.      Nonconforming Buildings or Structures.

Where a legally established nonconforming building or structure exists on the effective date of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on maximum gross floor area; maximum lot coverage; building height limitations; minimum front, side and rear setbacks and yards; location on the lot; bulk; or other provisions of this Ordinance applicable to the building or structure, such building or structure may continue to exist so long as it remains otherwise lawful, subject to compliance with the following provisions:

1.    such legally established nonconforming building or structure may not be enlarged, expanded or altered in a way which increases its nonconformity, provided such building or structure may be altered so as to decrease the extent of nonconformity;

2.    should such legally established nonconforming building or structure, or legally established nonconforming portion of a building or structure, be damaged or destroyed by any means to the extent of more than fifty (50) percent of the gross floor area of the building or structure immediately prior to the damage or destruction, said building or structure shall not be reconstructed except in conformity with the provisions of this ordinance; and

3.    should such building or structure be moved for any reason for any distance whatsoever, such building or structure shall thereafter conform to the provisions of this Ordinance.

F.      Nonconforming Uses of Land.

Where legally established nonconforming uses of land exist on the effective date of this Ordinance which would not be permitted by the provisions of this Ordinance, such uses may be continued so long as they remain otherwise lawful provided that:

1.    such legally established nonconforming uses shall not be enlarged, expanded, increased or extended to occupy a greater area of land than was occupied on the effective date of this Ordinance;

2.    such legally established nonconforming uses shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses on the effective date of this Ordinance; and

3.    no additional building or structure shall be erected in connection with such legally established nonconforming use of land.

G.      Discontinuation of Nonconformity.

If any legally established nonconforming use of land is discontinued or abandoned for more than eighteen (18) months (except when government action impedes access to the premises), any subsequent use of such land shall conform to the provisions of this ordinance.

H.      Repairs and Maintenance.

On any legally established nonconforming building or structure, or portion of a building or structure, containing a legally established nonconforming use, work may be done on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, provided that the cubic feet content existing when it became nonconforming shall not be increased. Nothing in this Section shall be deemed to prevent the strengthening, repairing or restoring to safe condition of any building or structure, or part thereof, declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

If a legally established nonconforming building or structure or portions of a building or structure containing a legally established nonconforming use becomes unsafe or unlawful by reason of physical condition and is razed, such building or structure shall not thereafter be rebuilt except in conformity with the provisions of this ordinance.

I.      Special Exceptions are not Nonconforming Uses.

Any use which is permitted as a special exception in a district under the terms of this ordinance (other than a change through Board action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.