106 — Non-Conforming Uses
Chapter 1: GENERAL PROVISIONS AND INTERPRETATION • Effective Mar 5, 2025
106.01 Single Non-Conforming Lots of Record
Any lot of record whether within a recorded allotment or not, located in any of the residential districts
established by this Zoning Resolution, which is served by adequate sewer and water facilities controlled
or operated by a duly constituted public authority, with such sewer and water facilities connected to any
dwelling located or to be located thereon, may be used for single residence purposes, including
accessory building and uses, irrespective of the residential district regulations appearing elsewhere in
this Resolution, provided that such lot has an area of not less than twenty thousand (20,000) square feet
and that the dwelling thereon must comply with all setback requirements.
106.02 Non-Conforming Lots of Record in Combination
If two or more lots are in single ownership were lots of record at the time of passage of this Zoning
Resolution and have no buildings on the lots, and do not meet the requirements established for lot
width and area, the lots involved shall be considered to be an undivided parcel for the purposes of this
Resolution, and no portion of said parcel shall be used or sold in a manner which diminishes compliance
with lot width and area requirements established by this Resolution.
106.03 Non-Conforming Uses of Land
Where, at the time of the adoption of this Resolution, lawful uses of land exist which would not be
permitted by the regulations imposed by this Resolution, the uses may be continued so long as they
remain otherwise lawful, provided;
a. No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater
area of land than was occupied at the effective date of adoption or amendment of this
Resolution.
b. If any such nonconforming uses of land are discontinued or abandoned for more than two (2)
years, any subsequent use of such land shall conform to the regulations specified by this
Resolution.
106.04 Termination of Use by Damage or Destruction
In the event that any nonconforming building or structure is destroyed by any means to the extent of
more than fifty (50) percent of the cost of replacement of such structure, it shall not be restored for any
use unless it conforms to all regulations of this Resolution. When such a nonconforming structure is
damaged or destroyed to the extent of fifty (50) percent or less of the replacement cost, no repairs or
rebuilding shall be permitted except in conformity with all applicable regulations of this Resolution and
the following conditions:
a. A Zoning Permit pertaining to such restoration shall be applied for and issued within one (1) year
of such destruction, and rebuilding shall be diligently pursued to completion.
b. Such restoration shall not cause a new nonconformity, nor shall it increase the degree of
nonconformance or noncompliance existing prior to such damage or destruction.
