ARTICLE XIX Nonconforming Structures, Uses and Lots
§ 215-100. Continuation.

Any nonconforming use or structure existing on September 5, 1988, may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof.

§ 215-101. Discontinuance.

A. If a nonconforming use or structure ceases operations for a continuous period of more than one year then this shall be deemed to be an intent to abandon such use and any subsequent use shall conform to the regulations of this section.

B. If abandonment occurs involuntarily, the owner may request that the discontinuance be continued beyond the one-year period, provided that application for extension is made within the initial one-year period.

§ 215-102. Extension.

A. A nonconforming use of a portion of a building may be extended throughout the building if no structural alterations are made therein other than those necessary to assure the structural safety of the building, provided such extension may include structural alterations when authorized by the Zoning Board of Adjustment as a special exception.

B. A nonconforming use of a building or land may be extended up to 25% of the area occupied by such use on September 5, 1988, when authorized by the Zoning Board of Adjustment as a special exception. Any such extension or enlargements shall be immediately adjacent to the existing nonconforming use, shall be located on the lot held in the same ownership as of that date and shall conform to the area and height regulations of the district in which it is situated.

§ 215-103. Changes.

A.nonconforming use of a building or land may be changed to a conforming use of the same or more restricted classification when authorized as a special exception by the Zoning Board of Adjustment. Whenever a nonconforming use of a building or land has been changed to a use, such use shall not thereafter be changed to a use of less restricted classification.

§ 215-104. Single and separate ownership.

[Amended 3-8-2006 by Ord. No. 2006-5; 12-13-2006 by Ord. No. 2006-15]

A.building may be erected on any lot held in single and separate ownership as of December 13, 2006, which is not of the required minimum area or width. In the case of such a lot which is 50 feet or more in width, the front, rear and side yard requirements of the district in which it is situated shall be observed. In the case of such a nonconforming lot which is less than 50 feet in width, the plans for the proposed work shall be approved by the Zoning Board of Adjustment to assure reasonable compliance with the spirit of the zoning regulations.

A. Maximum building coverage:

(1) Lots up to and including one acre: 15%.

(2) Lots over one acre up to and including two acres: 10%.

(3) Lots over two acres up to and including three acres: 7.5%.

(4) Lots over three acres up to and including four acres: 6%.

(5) Lots over four acres up to and including five acres: 5.5%.

(6) Lots over five acres up to and including six acres: 5%.

(7) Lots over six acres up to and including seven acres: 4.5%.

(8) Lots over seven acres up to and including eight acres: 4%.

(9) Lots over eight acres up to and including nine acres: 3.75%.

(10) Lots over nine acres: 3.5%.

B. Maximum impervious coverage:

(1) Lots up to and including three acres: 20%.

(2) Lots over three acres up to and including four acres: 15%.



(3) Lots over four acres up to and including five acres: 12.5%.

(4) Lots over five acres up to and including six acres: 11%.

(5) Lots over six acres: 10%.

§ 215-105. Inclusion in recorded plans.

[Amended 3-8-2006 by Ord. No. 2006-5; 12-13-2006 by Ord. No. 2006-15]

A.building may be erected on lots which are not held in single and separate ownership as of December 13, 2006, and which are not of the required area or width, if such lots are included in a land subdivision and development plan which has received at least preliminary approval by the Planning Board prior to that date.

§ 215-106. Reduction of lot.

No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.