[R.O. 2012 §405.640; Ord. No. 522 §§1—3, 12-1-1992]
Non-conformities are of three (3) types: Non-conforming lots
of record, non-conforming structures, and non-conforming uses. A definition
of each type is as follows:
A lot which is part of a recorded subdivision or a parcel
of land, the deed to which was recorded prior to the original adoption
of zoning and/or subdivision regulations in the City, and neither
said lot nor parcel complies with the lot width or area requirement
for any permitted uses in the District in which it is located.
An existing structure which does not comply with the lot
coverage, height or yard requirements which are applicable to new
structures in the Zoning District in which it is located.
An existing use of a structure or of land which does not
comply with the use regulation applicable to new uses in the Zoning
District in which it is located.
[R.O. 2012 §405.650; Ord. No. 522 §§1—3, 12-1-1992]
A.
The
Zoning Official may issue a Building Permit for any non-conforming
lot of record provided that:
1.
Said lot is shown by a recorded plat or deed to have been owned separately
and individually from adjoining tracts of land at a time when the
creation of a lot of such size and width at such location would not
have been prohibited by any Zoning Regulations;
2.
Said lot has remained in separate and individual ownership from adjoining
tracts of land continuously during the entire time that the creation
of such lot has been prohibited by any Zoning Regulations; and
3.
Said lot can meet all yard regulations for the District in which
it is located.
[R.O. 2012 §405.660; Ord. No. 522 §§1—3, 12-1-1992]
A.
Authority To Continue. Any structure which is devoted to
a use which is permitted in the Zoning District in which it is located,
but which is located on a lot which does not comply with the applicable
intensity of use regulations and/or the applicable yard and height
regulations, may be continued, so long as it remains otherwise lawful.
B.
Enlargement, Repair, Alterations. Any non-conforming structure
may be enlarged, maintained, repaired or remodeled; provided however,
that no such enlargement, maintenance, repair or remodeling shall
either create any additional non-conformity or increase the degree
of existing non-conformity of all or any part of such structure. Notwithstanding
the above, a porch which is covered by a roof which extends into the
front setback area may be enclosed, but not in excess of the area
covered by the existing roof.
C.
Damage Or Destruction. In the event that any non-conforming
structure is damaged or destroyed by any means to the extent of more
than sixty percent (60%) of its structural value, such structure shall
not be restored unless it shall thereafter conform to the regulations
for the Zoning District in which it is located. When a structure is
damaged to the extent of sixty percent (60%) or less, no repairs or
restoration shall be made unless a building permit is obtained within
six (6) months, and restoration is actually begun one (1) year after
the date of such partial destruction and is diligently pursued to
completion.
D.
Moving. No non-conforming structure shall be moved in whole
or in part of any distance whatever to any other location on the same
and any other lot, unless the entire structure shall thereafter conform
to the regulations of the Zoning District in which it is located after
being moved.
[R.O. 2012 §405.670; Ord. No. 522 §§1—3, 12-1-1992]
A.
Authority To Continue. Any lawfully existing non-conforming
use of part or all of a structure or any lawfully existing non-conforming
use of land, not involving a structure or only involving a structure
which is accessory to such use or land, may be continued, so long
as otherwise lawful.
B.
Ordinary Repair And Maintenance.
1.
Normal maintenance and incidental repair, or replacement, installation
or relocation of non-bearing walls, non-bearing partitions, fixtures,
wiring or plumbing, may be performed on any structure that is devoted
in whole or in part to a non-conforming use.
2.
Nothing in these Zoning Regulations shall be deemed to prevent the
strengthening or restoring to a safe condition of a structure in accordance
with an order of a public official who is charged with protecting
the public safety who declares such structure to be unsafe and orders
its restoration to a safe condition.
C.
Extension. A non-conforming use shall not be extended,
expanded, enlarged, or increased in intensity. Such prohibited activities
shall include, without being limited to:
1.
Extension of such use to any structure or land are other than that
occupied by such non-conforming use on the effective date (December
1, 1992) of this Chapter (or on the effective date of subsequent amendments
hereto that cause such use to become non-conforming).
2.
Extension of such use within a building or other structure to any
portion of the floor area that was not occupied by such non-conforming
use on the effective date (December 1, 1992) of this Chapter (or on
the effective date of subsequent amendments hereto that cause such
use to become non-conforming); provided however, that such use may
be extended throughout any part of such building or other structure
that was lawfully and manifestly designed or arranged for such use
on such effective date.
D.
Enlargement. No structure that is devoted in whole or in
part to a non-conforming use shall be enlarged or added to in any
manner unless such structure and the use thereof shall thereafter
conform to the regulations of the District in which it is located.
E.
Damage Or Destruction. In the event that any structure
that is devoted in whole or in part to a non-conforming use is damaged
or destroyed by any means to the extent of more than sixty percent
(60%) of its structural value, such structure shall not be restored
unless structure and the use thereof shall thereafter conform to all
regulations of the Zoning District in which it is located. When such
damage or destruction is sixty percent (60%) or less, no repairs or
restoration shall be made unless an occupancy certificate is obtained
within six (6) months, and restoration is actually begun within one
(1) year after the date of such partial destruction and is diligently
pursued to completion.
F.
Moving. No structure that is devoted in whole or in part
to a non-conforming use of land shall be moved in whole or in part
for any distance whatever to any location on the same or any other
lot, unless the entire structure and the use thereof or the use of
land shall thereafter conform to all regulations of the Zoning District
in which it is located after being so moved.
G.
Change In Use.
1.
If no external structural alterations are made which will expand
the area or change the dimensions of the existing structure, any non-conforming
use of a structure, or structure and premises, may be changed to another
non-conforming use upon approval of a Special Use Permit.
2.
In permitting such change, the Board of Aldermen may require appropriate
conditions and safeguards to protect surrounding areas and properties,
and to ensure that the new use is no less appropriate than the original
use.
H.
Abandonment Or Discontinuance. When a non-conforming use
is discontinued or abandoned for a period of twelve (12) consecutive
months, such use shall not thereafter be re-established or resumed,
and any subsequent use or occupancy of such land shall comply with
the regulations of the Zoning District in which such land is located.
I.
Non-Conforming Accessory Uses. No use which is accessory
to a principal non-conforming use shall continue after such principal
use shall cease or terminate.
J.
Non-Conforming Residential Uses. Notwithstanding the provisions
of the above, any structure which is devoted to a residential use
and which is located in a Business or Industrial District may be remodeled,
extended, expanded, enlarged, and rebuilt; provided that after any
such remodeling, extension, expansion, enlargement, or rebuilding,
such structure shall not be used to accommodate a greater number of
dwelling or lodging units than such structure accommodated prior to
any such work.
K.
Inoperable Vehicles. The storage of inoperable vehicles
shall be discontinued, and said inoperable vehicles shall be removed
within twelve (12) months after December 1, 1992.
[R.O. 2012 §405.680; Ord. No. 522 §§1—3, 12-1-1992]
Where a use exists on December 1, 1992, and is permitted by
this Chapter only as a special use in the Zoning District in which
it is located, such use shall not be deemed to be a non-conforming
use, but shall, without further action, be deemed a lawful conforming
use in such Zoning District, as provided by prior approval.
