The text
Footnotes:
--- (4) --- Editor's note— Ord. No. 2026-0007, adopted May 11, 2026, amended Art. XIV in its entirety to read as herein set out. Former Art. XIV, §§ 1—8, pertained to similar subject matter, and derived from: Ord. of June 4, 2001(9); and Ord. of Dec. 11, 2006.
Section 1. - Nonconforming development.#
a.
Burden on the Property Owner. The burden of establishing the existence of a legal nonconforming use under the provisions of this Ordinance shall be asserted by the property owner of the nonconforming structure, lot, or the operator of the use.
b.
Nonconforming Residential Development. In the case of existing legal nonconforming residential uses in commercial, mixed-use, or industrial districts, all buildings and structures shall meet the density and setback requirements of the strictest adjacent residential district.
(Ord. No. 2026-0007, 5-11-26)
Section 2. - Nonconforming by use.#
a.
Change of Use. A nonconforming use may not be changed to any other non-conforming use, unless the use is less intensive than the existing use and a use variance is obtained from the Zoning Board of Review.
i.
When a nonconforming use is changed to a conforming use, or a less intense nonconforming use, it may not thereafter be changed back to the prior nonconforming use.
b.
Expansion. A nonconforming use of a structure or land cannot be expanded. This includes but is not limited to expansion, extension, or relocation of a nonconforming use to any other structure on the lot, additional gross floor area devoted to the nonconforming use, or occupying any land area currently not occupied by such nonconforming use.
i.
Notwithstanding the above, the expansion of quarrying or mining shall be allowed as described in Section 5. The purpose of allowing such expansion is to balance the public purpose of preventing the loss of natural resources, including wildlife habitat, groundwater quality, and scenic value, with the legitimate interests of companies that have made a considerable investment in their business.
c.
Intensification. A nonconforming use of a structure or land cannot be intensified in any manner. Intensification includes, but is not limited to, increasing hours of operation, increasing the number of dwelling units, increasing the number of parking spaces, reducing total lot area to below that which is required for a new subdivision, or increasing the seating or occupancy capacity of any use. However, this does not prohibit the reconfiguration of existing dwelling units within a structure so long as such reconfiguration complies with the requirements of Expansion, above.
d.
Relocation. A nonconforming use cannot be relocated, in whole or in part, to any other location on the same lot. The nonconforming use may only be relocated to another structure or lot if the use conforms to all regulations of the zoning district where it is relocated.
e.
Substantial improvement. Any nonconforming use in a structure which is determined by the Building Official to require substantial improvement shall not be so improved except in conformity with this Ordinance. Substantial improvement shall mean that the cost to repair or rebuild the structure is 51% or greater of the structure's replacement value.
f.
Damage or Destruction. In the event that any structure that is devoted in whole or in part to a nonconforming use is structurally damaged or destroyed through no fault of the property owner or tenant, the nonconforming use may be re-established provided that no new nonconformities are created and the degree of the previous nonconformity is not increased. However, if a building permit is not obtained within one (1) year of the date of damage or destruction, then the nonconforming use shall not be reestablished.
g.
Unless specified above, a nonconforming use shall only be expanded, intensified, relocated, or substantially improved if a use variance is granted pursuant to Zoning Ordinance Article XVII, Section 3.
(Ord. No. 2026-0007, 5-11-26)
Section 3. - Nonconforming by dimension.#
a.
Maintenance. Normal maintenance and incidental repair may be performed on any nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the existing nonconformity.
b.
Structural Alterations. No structural alterations are permitted on any nonconforming structure, except in the following situations:
i.
When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting public safety, unless such alterations constitute a substantial improvement as below;
ii.
When the alteration will eliminate the nonconformity;
iii.
When the alteration will not create any new nonconformity or increase the degree of any existing nonconformity. For example, if a structure is nonconforming in terms of the required front setback (i.e., does not meet the required minimum), the structure may add a rear addition if it meets all other district regulations; or
iv.
When permitted by issuance of a dimensional variance.
c.
Relocation. A nonconforming structure cannot be relocated, in whole or in part, to any other location on the same lot unless such relocation would make the structure conforming. A nonconforming structure may be relocated to another lot if the structure conforms to all regulations of the zoning district where it is relocated.
d.
Damage or Destruction.
i.
In the event that a nonconforming structure is damaged or destroyed by the fault of the property owner or tenant, the structure, as restored or repaired, shall be rebuilt to comply with all requirements of this Ordinance.
ii.
In the event that any nonconforming structure is damaged or destroyed through no fault of the property owner or tenant, it may be repaired or rebuilt to the same size and dimension as previously existed.
iii.
However, if a building permit is not obtained within one (1) year of the date of damage or destruction, then the nonconforming use shall not be reestablished.
e.
Extension of Walls for Nonconforming Single-Family, Two-Family, and Multi-Family Dwellings. Where a single-family, two-family, or multi-family dwelling is deemed nonconforming because of encroachment into the required side or rear yard, the structure may be enlarged or extended vertically or horizontally along the same plane as defined by its existing perimeter walls, so long as the resulting structure does not increase the degree of the existing nonconformity or otherwise violate this Ordinance.
f.
Substantial improvement. Any nonconforming development which is determined by the Building Official to require substantial improvement shall not be so improved except in conformity with this Ordinance. Substantial improvement shall mean that the cost to repair or rebuild the structure is fifty one percent (51%) or greater of the structure's replacement value.
g.
Nothing within this section shall prohibit a property owner from seeking a dimensional variance for relief from the dimensional standards.
(Ord. No. 2026-0007, 5-11-26)
Section 4. - Abandonment.#
Any nonconforming use which is abandoned shall not be re-established. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use, unless said owner can demonstrate intent not to abandon the use. An involuntary interruption of a nonconforming use by fire or natural catastrophe, to the extent of more than fifty-one percent (51%) of the structure's replacement value on the date of the occurrence, shall not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of one (1) year, the owner of such nonconforming use shall be presumed to have abandoned such nonconforming use, unless such presumption is rebutted by presentation of sufficient evidence of intent not to abandon the use.
(Ord. No. 2026-0007, 5-11-26)
Section 5. - Expansion of quarrying or mining.#
a.
When the nonconforming use is the quarrying of or mining for sand, gravel, rocks or mineral, a horizontal expansion to adjacent areas of the land where such use is located is permitted, provided such expansion is limited to twenty-five percent (25) of the excavated surface as existing at the time of zoning amendments dated June 4, 2001.
b.
At such time no later than three (3) months following the enactment of zoning amendments dated June 4, 2001, the owner of any quarrying or mining operation shall submit a survey of the excavated area to the building official. The survey shall be prepared by a registered land surveyor and show the excavated area as of the date of the zoning amendments, and remain on file in the office of the Building Official.
c.
Expansion of a quarrying or mining use beyond twenty-five percent (25) of the excavated area as existing on June 4, 2001, may be allowed as a special use permit pursuant to the provisions and specific standards set forth in Article XVI.
(Ord. No. 2026-0007, 5-11-26)
Section 6. - Alteration of use allowed by variance or special use permit.#
a.
Any use or dimensional variation that does not conform to this Ordinance and which exists by virtue of a special use permit, use variance, or a dimensional variance shall not be considered a nonconformity. Such use or dimensional variation shall be considered a use by special use permit, use variance, or dimensional variance, respectively.
b.
Change to Permitted Use. A use allowed by variance or special use permit may be changed by right to a permitted use.
c.
Use Allowed by Use Variance. Any moving, addition, enlargement, expansion, or intensification of a use allowed by use variance shall require an application for a use variance from the Zoning Board of Review, in accordance with this Ordinance.
d.
Use Allowed by Dimensional Variance. Any moving, addition, enlargement, expansion, or intensification of a use allowed by dimensional variance shall require an application for a dimensional variance from the Zoning Board of Review, in accordance with this Ordinance.
e.
Use Allowed by Use and Dimensional Variance. Any moving, addition, enlargement, expansion, or intensification of a use allowed by a use and a dimensional variance shall require an application for a use variance from the Zoning Board of Review, in accordance with this Ordinance.
f.
Use Allowed by Special Use Permit. Any moving, addition, enlargement, expansion, or intensification of a use allowed by special use permit shall require an application for a special use permit from the Zoning Board of Review, in accordance with this Ordinance.
(Ord. No. 2026-0007, 5-11-26)