CHAPTER 03 Title 10 Non-Conforming Buildings and Uses
CHAPTER 3
NON-CONFORMING BUILDINGSAND USES
SECTION:
Maintenance Permitted
10-3-1:
Repairs
10-3-2:
Expansion or Enlargements
10-3-3:
Restoration of Damaged Buildings
10-3-4:
Discontinuance
10-3-5:
Change to Conforming Use
10-3-6:
Change to Another Non-Conforming Use
10-3-7:
Reclassification of Territory
10-3-8:
Permits Granted Prior to Passage of Ordinance or Amendment
10-3-9:
Thereto Vested Interest
Non-Conforming Lots of Record
10-3-10:
10-3-1:
MAINTENANCE PERMITTED: It is the intent of this zoning ordinance to prohibit the
addition or enlargement of non-conforming uses. Nevertheless, a non-conforming building or
structure may be maintained and may be continued to the same extent as that which legally existed
at the time of the effective date of this ordinance.
10-3-2:
REPAIRS: Repairs may also be made to a non-conforming use, provided such repairs
shall not have the effect of increasing the floor space devoted to the non-conforming use, capacity or
volume of business.
10-3-3:
EXPANSION OR ENLARGEMENTS:
(A) Land: Land area of any non-conforming use shall not be increased.
(B) Buildings: The floor area in a building or structure occupied by a non-conforming use shall
not be increased except to overcome unsafe or unsanitary conditions when required by
an official, safety or health officer.
10-3-4:
RESTORATION OR DAMAGED BUILDINGS: A non-conforming building or structure
or a building or structure occupied by a non-conforming use which is damaged or destroyed by fire,
flood, wind, earthquake or other calamity or act of God or public enemy, may be restored; and the
occupancy or use of such building, structure or part thereof which was legally in existence at the time
of such damage or destruction may be continued or resumed, provided that such restoration is
started within a period of one year form the date of destruction and is diligently pursued to
completion and provided that such restoration does not increase the floor space devoted to the non-
conforming use over that which existed at the time the building became non-conforming.
10-3-5:
DISCONTINUANCE: A non-conforming building or structure or portion thereof or a lot
occupied by a non-conforming use which is or hereafter becomes abandoned or is discontinued for a
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continuous period of one year shall not thereafter be occupied except by a use which conforms to the
use regulations of the zone in which it is located.
10-3-6:
CHANGE TO A CONFORMING USE: Any non-conforming use may be changed to a
conforming use. Any non-conforming use, which has been changed to a conforming use, shall not
thereafter be changed back to a non-conforming use.
10-3-7:
CHANGE TO ANOTHER NON-CONFORMING USE: A non-conforming use of a
building or lot shall not be changed to another non-conforming use. Any change of use whatsoever
must be to a conforming use.
10-3-8:
RECLASSIFICATION OF TERRITORY: The provisions pertaining to non-conforming
uses of land and buildings shall also apply to land and buildings which hereafter become non-
conforming due to an amendment in the zoning ordinance.
10-3-9:
PERMITS GRANTED PRIOR TO PASSAGE OF ORDINANCE OR AMENDMENT
THERETO–VESTED INTEREST: Notwithstanding the issuance of a permit therefor, no building
which becomes non-conforming upon the passage of this ordinance or which becomes non-
conforming due to an amendment to this ordinance shall be built unless a significant amount of
construction has taken place thereon before the effective date of this ordinance. A significant
amount of construction shall be interpreted to mean enough construction to require an expenditure of
at least $500.00 to duplicate the materials and labor so expended.
10-3-10:
NON-CONFORMING LOTS OF RECORD: In any district in which one family dwellings
are permitted, a one-family dwelling and customary accessory buildings may be erected on any lot of
record at the effective date of adoption or amendment of this ordinance, even though such lot fails to
meet the requirements for area or width, or both, that are generally applicable in the district.
However, yard dimensions and other requirements not involving area or width, or both, of the lot
shall conform to the regulations for the district in which such lot is located. Variance of area, width
and yard requirements shall be obtained only through action of the Board of Adjustments.
If two or more lots or combinations of lots and portions of lots with continuous frontage in
single ownership are of record at the time of passage or amendment of this ordinance, and if all or
part of the lots do not meet the requirements for lot width and area as established by this ordinance,
the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance,
and no portion of said parcel shall be used which does not meet lot width and area requirements
established by this ordinance, nor shall any division of the parcel be made which leaves remaining
any lot with width or area below the requirements stated in this ordinance.
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