Ashland

If an existing structure devoted to a nonconforming activity or a nonconforming structure is destroyed by any means, the owner may replace such structure provided that there is no increase in the extent of the nonconformity and provided that the repairs or reconstruction shall be completed within 2 years of the date of destruction and diligently carried on to its completion.

Subject to the limitations set forth in this article, nonconforming uses, nonconforming features and nonconforming buildings may continue.

Except as otherwise provided in this article, no building or portion of a building devoted to a nonconforming use shall be enlarged, extended, structurally altered, reconstructed or moved, unless such building or portion of a building is thereafter devoted to a use which conforms with the use regulations of this chapter.

A single-family dwelling which is a nonconforming use in any district may be structurally altered and may be enlarged or extended, and a building or structure accessory thereto may be altered, enlarged or constructed, provided that in no case shall the total amount of floor area, including all enclosed and unenclosed space and garage or carport space, be increased more than five hundred (500) square feet. No existing lot area, lot width or yard shall be reduced to less than required for single-family dwelling use in the Residential District R-3.

A nonconforming use of land or a nonconforming use of a building may be changed to a use which conforms with the use regulations of the district in which it is located or to a use, other than a multifamily dwelling, which is first permitted by right in a more restricted zoning district.

Whenever a nonconforming use of land or a nonconforming use of a building is discontinued for a continuous period of more than two (2) years, whether or not equipment or fixtures intended for such use are removed, any subsequent use shall conform with the use regulations of the district in which the property is located.

A building which is nonconforming with respect to the bulk regulations or other features required by this chapter may nonetheless be converted to and occupied by a use permitted in the district in which the building is located, provided that off-street parking and other requirements applicable to the new use are satisfied.

A building which is devoted to a conforming use and is nonconforming with respect to the bulk regulations or other features required by this chapter may be enlarged, extended or structurally altered, provided that the degree or extent of any nonconforming feature is not increased. However, a building which is nonconforming due to encroachment into a required yard may be enlarged, extended, or structurally altered within or coextensive with the plane of the structure, so long as the required yard is not further encroached into and no new nonconformity is thereby created.

An increase in the height of any portion of a building which is nonconforming with respect to a yard or open space requirement shall be deemed to be an increase in the extent of the nonconforming feature of the building.

Intermittent, temporary or illegal use of land or buildings shall not be construed to establish the existence of a nonconforming use for the purposes of this article, provided that a lawful seasonal use that was in operation for at least two (2) consecutive seasons immediately prior to the adoption of this chapter or subsequent amendment thereto shall be considered a nonconforming use for seasonal purposes only, with no increase in the extent or length of period of operation of the use.

A lot which contains a nonconforming building, where such nonconformity relates to building setback, height or yard regulations, shall not be construed to be a nonconforming lot, and may be subdivided or reconfigured as long as the intensity of the nonconforming feature is not increased, and all other applicable provisions of this chapter are met.

Each off-street parking space required by this article shall not be less than nine (9) feet in width and eighteen (18) feet in length, except that spaces arranged parallel to their means of access shall be not less than eight (8) feet in width and twenty-two (22) feet in length.

Such off-street parking and loading facilities shall be asphalt, surface treatment, concrete, unit pavers or similar material approved by the zoning administrator, except for single-family detached or two-family detached dwellings which may be stone or gravel.

Each off-street parking space required by this article shall not be less than nine (9) feet in width and eighteen (18) feet in length, except that spaces arranged parallel to their means of access shall be not less than eight (8) feet in width and twenty-two (22) feet in length.

Off-street parking spaces required by this article shall be located on the same lot or parcel of land as the use they are intended to serve, except that off-street parking spaces required for uses other than dwelling uses may be located off the premises in accordance with the standards set forth in this section: ... within three hundred (300) feet by pedestrian route of a public entrance to the building occupied by the use they are intended to serve.

In the HE district, parking spaces required to serve colleges and related educational, administrative, recreational and dormitory facilities, but not fraternity and sorority houses, may be located off the premises of such uses when in accordance with all of the standards set forth in this section, except such parking spaces may be located within six hundred (600) feet by pedestrian route of a public entrance to the building or to the use, if there is no building, that they are intended to serve.

In the HE district, parking spaces required to serve colleges and related educational, administrative, recreational and dormitory facilities... may be located within six hundred (600) feet by pedestrian route... Within the Higher Education District HE, adjacent on-street parking spaces may be counted toward the required amount of off-street parking provided that the entire width of the street is zoned HE.

No more than thirty percent (30%) of the front yard area (of a lot occupied by a detached single family dwelling or duplex) may be paved unless the zoning administrator grants an exception.

If because of error or omission in the zoning district map, any property in the jurisdiction of this chapter is not shown as being in a zoning district, the classification of such property shall be classified rural residential RR-1, until changed by amendment.

If because of error or omission in the zoning district map, any property in the jurisdiction of this chapter is not shown as being in a zoning district, the classification of such property shall be classified rural residential RR-1, until changed by amendment.