Part 1 — PURPOSE

Where lots, buildings, or uses legally existing upon the effective date of this chapter are: (1) not in conformity with the provisions of this chapter, or (2) hereinafter become nonconforming due to reclassification of districts under this Code, it is the intent and purpose of this chapter to declare such lots, buildings, uses and land to be nonconforming for the purpose of protecting the public health, safety and general welfare.

PART 2. - TYPE I NONCONFORMITIES—NONDETRIMENTAL

Type I nonconforming lots, buildings, and uses are those which are generally not detrimental in the district and may be continued and under certain conditions improved, altered or enlarged.

A.

Lots. Type I nonconforming lots are those legally created lots which do not conform to the lot area and lot dimension standards for the district in which they are located. The uses permitted in the district shall be permitted on such lots, subject to all other provisions of the district.

B.

Buildings. Type I nonconforming buildings are those buildings which do not conform to the building height, yards, distance between buildings, floor area ratio, and minimum size of dwelling under standards for the district in which they are located. Such buildings shall be permitted to continue; provided, that any improvement, alteration, or enlargement thereto shall comply with all provisions of the district. The

improvement or alteration of buildings encroaching in established setback planning commission. When any type I nonconforming building is for any reason removed from the land, all future buildings or structures erected on such land shall conform to all provisions of the district.

C.

Uses—Residential. In residential districts, type I nonconforming uses of buildings are those uses which do not conform to the lot area per dwelling unit standards for the district in which they are located. Buildings containing such uses may be improved, altered, or enlarged provided that the dwelling or rental unit density shall not be increased.

D.

Uses—Commercial/business park. In commercial and business park districts, type I nonconforming uses of buildings are those uses which are not listed specifically as permitted uses but which are of the same general type of use permitted in such district and are determined by the planning commission not to be detrimental to surrounding uses and the public health, safety and general welfare. Such uses may be continued, improved, altered or enlarged subject to the provisions of the district.