Article 5 – Non-Conforming Uses

ARTICLE 5

NON-CONFORMING USES

Section 501.   Uses and Structures.

A lawful use or structure existing at the time this ordinance is adopted or amended may continue even though such use or structure does not conform with the district regulations subject to the following provisions:

1.      If no structural alterations are made, a nonconforming use or structure may be changed to another nonconforming use or structure of the same or more restricted zoning district.

2.      Whenever a nonconforming use or structure has been changed to a more restricted or conforming use, it shall not be changed back to a less restricted use.

3.      Should any nonconforming use or structure be destroyed by any means to the extent of more than fifty percent (50%) of its replacement cost, it shall not be reconstructed except in conformity with this ordinance.

4.      When a nonconforming use or structure is discontinued for a period of one (1) year, it shall not be continued unless in conformance with the requirements of this ordinance.

5.      Any nonconforming use may be extended throughout any part of a structure which was arranged or designed for such use previous to the adoption of this ordinance, but shall not be extended outside such structure.

6.      No existing nonconforming use or structure shall be enlarged, moved, or structurally altered except to change to a permitted use or for normal repairs and maintenance.

Section 502.  Lots of Record.

In any district in which single-family dwellings are permitted, such uses may be constructed on any single lot of record at the time this ordinance is adopted or amended.  This provision shall apply even though such lot does not meet requirements for area or width, or both, provided that yard requirements and dimensions shall conform to the district requirements.  Variance or yard requirements shall be recommended by the Planning Commission and approved by the City Council.

No lot of record or combination of more than one lot of record in single ownership shall be sold or subdivided which creates a lot width or area below the requirements of this ordinance.