Article VI: Non-Conforming Structures Or Use

Published Language

Any lawfully established nonconforming structure or use existing on the effective date of this Ordinance may be continued, rebuilt to the original size if damaged, and reestablished if abandoned for less than one year. 

Such structure or use may be enlarged or extended on the same site as a permitted use in any district, subject to the provisions of this Ordinance, and provided the enlargement or extension does not exceed 50% of the total floor area of the original structure or 50% of the total area of the lot originally allotted to the use, or both.  

Any of the following changes in a lawfully established nonconforming structure or use on a specific site may be permitted by the Board of Adjustment as a special exception:
1. Change to another nonconforming structure or use.
2. Re-establishment after abandonment for one year or more.
3. Enlargement or extension of the structure or use in excess of 50% of the total floor area of the original structure, or in excess of 50% of the total area of the lot originally allotted to the use.
Once a nonconforming structure or use has been changed to a conforming structure or use, it may not thereafter be changed to a nonconforming structure or use.

Proposed Language

Any lawfully established nonconforming structure or use existing on the effective date of this Ordinance may be continued.  If a nonconforming structure is damaged or destroyed, it may be rebuilt to the original size if abandoned for less than one year.  If a nonconforming use is abandoned for less than one year the nonconforming use can be reestablished.  

A nonconforming structure may be enlarged or expanded if the enlargement or expansion of the structure does not exceed 50% of the total floor area of the original structure.  The area of a lot with a nonconforming use may be expanded if the expansion does not exceed 50% of the area of the lot originally allocated to the nonconforming use.

A new special exception from the Board of Adjustment is required when one or more of the following actions are desired: changing to another nonconforming use; building a new or additional structure; reestablishment of a structure or use after abandonment for one year or more; or enlargement or expansion of a structure or use in excess of the 50% limits imposed by this Article.