[R.O. 2011 § 400.750; R.O. 2009
§ 156.160; CC 1981 § 30-143; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
It is the intention that non-conforming
uses and non-conforming structures will eventually be eliminated.
To this end, the following regulations shall apply to non-conformities.
[R.O. 2011 § 400.760; R.O. 2009
§ 156.161; CC 1981 § 30-144; Ord. No. 77-31, 7-5-1977; Ord. No. 86-77, 4-15-1986; Ord. No. 98-209, 5-15-1998; Ord. No. 04-176, 8-4-2004; Ord.
No. 11-219 § 1, 11-4-2011]
A.
A non-conforming use shall not in any way
be expanded, extended, or modified and the intensity of use or number
of dwelling units shall not be increased, except under the following
conditions:
B.
Additional structures associated with the
non-conforming use shall not be erected on the premises.
C.
A non-conforming use shall not be changed
to another non-conforming use unless such use is a permitted or conditional
use in a more restrictive zoning district than the zoning district
in which the prior non-conforming use would have been permitted. All
such changes shall be subject to review and approval by the Director
of Community Development before a new non-conforming use permit is
issued by the Department of Community Development. In the alternative,
the City Council may, through approval of a conditional use permit,
consider and approve a change to another non-conforming use that is
equal to or of less intensity than the prior non-conforming use regardless
of whether the new non-conforming use would be a permitted or conditional
use in a more restrictive zoning district.
D.
A non-conforming use located in a structure
that has been damaged by fire, earthquake, tornado, wind, water, flood
or any natural or man-made event may be restored and used as it was
before it was damaged, except:
1.
Restoration shall not result in an
increase in floor area or in building height; and
2.
Restoration shall be diligently prosecuted
to completion no later than one (1) year after the date of the event
unless a six-month extension is granted by the Director of Community
Development upon a showing of good and sufficient cause.
E.
If a non-conforming use is discontinued
for a period longer than twelve (12) months, the use shall be considered
as having been abandoned. Subsequent use of the land shall be strictly
in conformance with all of the regulations of the district in which
the land is located. An agricultural use shall not be subject to this
regulation.
F.
A change in tenancy, ownership, or management
of an existing non-conforming use does not affect the status of the
non-conforming use.
[R.O. 2011 § 400.770; R.O. 2009
§ 156.162; CC 1981 § 30-145; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 11-219 § 3, 11-4-2011]
A.
A non-conforming structure that has been
damaged by fire, earthquake, tornado, wind, water, flood or any natural
or man-made event may be restored and used as it was before it was
damaged; except:
1.
Restoration shall not result in any
further non-conformity of any setback, height, lot coverage, density,
or other zoning design standard; and
2.
Restoration shall be diligently prosecuted
to completion no later than one (1) year after the date of the event
unless a six (6) month extension is granted by the Director of Community
Development upon a showing of good and sufficient cause.
B.
Any existing building or structure devoted
to a use permitted in the district in which such building or structure
is situated, but failing to comply with the yard or building setback
line requirements of any district, may be enlarged, extended, reconstructed,
or structurally altered in any manner which does not further encroach
upon the required open yard space or building setback line not complied
with.
[R.O. 2011 § 400.780; R.O. 2009
§ 156.163; CC 1981 § 30-146; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999]
A.
All Zoning Districts, Except "R-M." Any lot in all zoning districts, except in the "R-M" Manufactured/Modular Residential, which was a legal non-conforming lot at the time of the adoption of this Chapter or became non-conforming based on the adoption of this Chapter and does not meet the lot area, lot width or depth regulations of such district and does not meet the requirements of Subsection (B) below, may be utilized for a permitted use of the district in which it is located; provided it is approved by the Board of Adjustment as outlined in Sections 400.1060 et seq.
B.
Residential Zoning Districts. The purpose
of this provision is to permit utilization of recorded lots which
lack adequate width and/or depth so long as reasonable living standards
can be provided.
1.
Any lot in a residential zoning district
which was recorded in the County Recorder of Deeds office at the time
of the adoption of these regulations and which does not meet the requirements
of this Chapter for lot area, lot width or depth may be utilized for
single-family residential purposes under the following conditions:
a.
The area of the lot shall be at least
seventy-five percent (75%) of that required by the terms of these
regulations.
b.
The dimensions of all required yards
shall be at least seventy-five percent (75%) of those required by
the terms of these regulations.
c.
The width of the lot as measured
at the building setback line shall be at least seventy-five percent
(75%) of that required by the terms of these regulations.
2.
Example. An existing lot of record
is zoned "R-1E" Single-Family Residential. According to the "design
standards" of that district, it should have a minimum area of seven
thousand (7,000) square feet and a minimum width of sixty (60) feet.
The existing lot of record is eligible for use as long as its area
exceeds five thousand two hundred fifty (5,250) square feet (7,000
square feet X 0.75 = 5,250 feet), and its width is greater than forty-five
(45) feet (60 feet X 0.75 = 45 feet). In addition, all required yards
must be at least seventy-five percent (75%) of those required under
the design standards of the "R-1E" District.
C.
For the purposes of this Article, no lot,
land, structure or use which conforms to this Chapter shall become
non-conforming by reason of the diminution of the size of a lot, front
yard, side yard, rear yard or the number of parking spaces when such
diminution is a result of the exercise of the power of eminent domain
or the threat of use of the power of eminent domain in the acquisition
of land by any public authority having the power of eminent domain.
[R.O. 2011 § 400.790; R.O. 2009
§ 156.164; CC 1981 § 30-147; Ord. No. 77-31, 7-5-1977; Ord. No. 94-51, 3-3-1994; Ord. No. 98-209, 5-15-1998; Ord. No. 04-176, 8-4-2004; Ord. No. 18-231, 10-16-2018]
A.
All non-conforming uses of land, structures
and signs may apply for a non-conforming use permit with the Department
of Community Development after the adoption of the zoning district
change.
B.
If a non-conforming use permit was not
obtained after the adoption of the zoning district change, the owner
shall provide proof of non-conformity to the Director of Community
Development. If the Director of Community Development is unable to
determine from the documentation that the use is a valid non-conforming
use, then the request shall be denied. If the Director of Community
Development determines that the documentation adequately establishes
a valid non-conforming use, then the Director shall issue a non-conforming
use permit.
