1990 - 06-18-90 Regular Meeting - Laserfiche WebLink

Home Browse Search

NOW,, 13 211'7 ARTICLE X1 NONCONFORMANCES Section 1. Purpose and Intent. If, within the district established by this ordinance, or by amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this ordinance was passed or amended, but which would be prohibited under the terms of this ordinance, it is the intent of this ordinance to permit these nonconformances to continue until they are removed (except signs, which are provided for below), but not to encourage their continuance. Such nonconformances are declared by this ordinance to be incompatible with permitted uses in the districts in which they are located. It is further the intent of this ordinance that nonconformances shall not be enlarged upon, expanded or extended, or used as grounds for adding other structures, or uses prohibited elsewhere in the same district. Section 2. Nonconforming Lots of Record. In any district in which single-family dwellings are permitted, notwith- standing limitations imposed by the other provisions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot which was recorded prior to the date it became legally non- conforming. Such lot must be in separate ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of lot shall conform to t:he 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. If two (2) or more lots or combination 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 at least eighty percent (80%) of the requirements for lot width area for the zone in which they are located, as established by the ordinance, the lands involved shall be considered to be an undivided parcel, for the purpose of this ordinance, and no portion of said parcel shall be used or sold which does not meet 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. Section 3. Nonconforming Uses of Open Land. This category of nonconformances consists of lots used for storage yards, used car lots, auto wrecking, junkyard, golf driving ranges, and similar open uses where the only buildings on the lot are incidental and accessory to the open use of the lot and where such use of the land is not 60