Editor's Note — Ord. no. 04-64 §1, adopted October 11, 2004, repealed the provisions of this Article and set out the new provisions herein. Former Sections 405.690 — 405.740 derived from CC 1999 §§26-56 — 26-60.
[Ord. No.04-64 §1, 10-11-04]
General. 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:
Non-conforming lot of record. An unimproved lot which is part of a recorded subdivision or a parcel of land, the deed to which was recorded prior to the adoption of these regulations, and neither said lot nor parcel complies with the lot width or area requirements for any permitted use in the district in which it is located.
Non-conforming structure. An existing structure which does not comply with the height or yard requirements which are applicable to new structures in the zoning district in which it is located.
Non-conforming use. An existing use of a structure or of land which does not comply with the use regulations applicable to new uses in the zoning district in which it is located.
[Ord. No. 04-64 §1, 10-11-2004; Ord. No. 16-23 § 1, 11-28-2016]
Non-Conforming Lots Of Record. The community development staff shall issue a building permit for any non-conforming lot of record, provided that:
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; and
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 the applicable zoning regulations; and
Said lot can meet all yard regulations for the district in which it is located; and
Said lot can be served by municipal sewerage disposal; or can meet minimum standards for on-site sewage treatment as required by the County Health Office, should the City determine that the lot cannot be served by the municipal disposal system.
[Ord. No. 04-64 §1, 10-11-2004]
Authority To Continue. Any structure which is devoted to a use which is permitted in the zoning district in which it is located on a lot which does not comply with the applicable yard and height regulations may be continued so long as it remains otherwise lawful.
Enlargement, Repairs, Alterations. Any non-conforming structure may be enlarged, maintained, repaired or remodeled; provided however, 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; providing further, existing mobile home parks not meeting the requirements of this Section shall be declared non-conforming and shall not be permitted to add spaces or make any improvements inconsistent with the terms and conditions of this Section.
Damage Or Destruction. In the event that any non-conforming structure is damaged or destroyed by any means to the extent of more than fifty percent (50%) of its appraised value, such structures 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 fifty percent (50%) or less, no repairs or restorations shall be made unless a building permit is obtained and restoration is actually begun within one (1) year after the date of such partial destruction and diligently pursued to completion.
Moving. No non-conforming structure shall be moved in whole or in part for any distance whatsoever to any other location on the same or 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.
[Ord. No. 04-64 §1, 10-11-2004]
Authority to continue. Any lawfully existing non-conforming use or part or all of a structure or any lawfully existing non-conforming use of land may be continued, so long as otherwise lawful.
Ordinary repair and maintenance.
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.
Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of the Building Inspector who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition.
Extension. A non-conforming use shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activities shall include, without being limited to:
Extension of such use to any structure or land area other than that occupied by such non-conforming use on the effective date of these regulations (or on the effective date of subsequent amendments hereto that cause such use to become non-conforming).
Extension of such use within a structure to any portion of the floor area that was not occupied by such non-conforming use on the effective date of theses regulations (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 structure that was lawfully and manifestly designed or arranged for such use on such effective date.
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.
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 fifty percent (50%) of its appraised value, such structure shall not be restored unless such 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 fifty percent (50%) or less, no repairs or restoration shall be made unless a building permit is obtained, and restoration is actually begun within one (1) year after the date of such partial destruction and is diligently pursued to completion.
Moving. No structure that is devoted in whole or in part to a non-conforming use and no conforming use of land shall be moved in whole or in part for any distance whatever to any other 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.
Change in use. If no structural alterations are made, any non-conforming use of a structure, or structure premises, may as a special use be changed to another non-conforming use provided that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with Section 405.700(3). Once a change is made to a more appropriate use, the use shall be returned to the original use or a less appropriate use.
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 zoning district in which such land is located.
Non-conforming accessory use. No use which is accessory to a principal non-conforming use shall continue after such principal use shall cease or terminate.
Non-conforming residential uses. Notwithstanding the provisions of Section 405.720(A)(3) and Section 405.720(A)(4), any structure which is devoted to a residential use and which is located in a business or industrial district may be remodeled, extended, expanded and enlarged; provided that after any such remodeling, expansion or enlargement, 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.
Status Of Special Uses.
Status of existing special uses. Where a use exists at the effective date of these regulations and is permitted by these regulations 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. Such special use shall not be enlarged or expanded unless a special use application is approved as set out in Article VIII of these regulations.
Status of future special uses. Any use for which a special permit has been issued, as provided in these regulations, shall not be deemed to be a non-conforming use, but shall without further action, be deemed a lawful conforming use.