[R.O. 2011 §34-152.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Any
non-conforming use of part or all of a structure or any non-conforming
use of land, not involving a structure or only involving a structure
which is accessory to such use of land, may be continued, so long
as otherwise lawful, subject to the following provisions:
1.
Ordinary repair and maintenance.
a.
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; provided however, that this Subsection shall not be deemed to authorize any violation of Subsections (2) through (5) below, and Sections 400.3020, 400.3030 and 400.3120 of this Article.
b.
Nothing in this Article shall be deemed to prevent the strengthening or restoring of a structure to a safe condition in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition, and where such restoration will not be in violation of Section 400.3120 of this Article.
2.
Remodeling. Except as provided for in Section 400.3060, no structure shall be remodeled unless the use thereof shall thereafter conform to all provisions of this Chapter. For purposes of this Section, the term "remodel" shall mean to reconstruct or relocate
exterior walls, bearing walls or bearing partitions; or to substantially
alter the exterior appearance of a building by adding or removing
architectural elements, by changing the roofline, or by closing up
or relocating door or window openings.
3.
Expansion of use. Except as provided for in Section 400.3060, no non-conforming use of a lot or building shall be enlarged, expanded or extended to occupy a greater area of lot or building than was occupied on the effective date of this Chapter, or amendment thereto, and no additional accessory use, building or structure shall be established thereon.
4.
Enlargement of building or structure. Except as provided for in Section 400.3060, no building or 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 building or structure addition and the entire use thereof (both existing space and the addition) shall thereafter conform to all of the provisions of this Chapter.
5.
Moving. No structure that is devoted in whole or
in part to a non-conforming use shall be moved, in whole or in part,
to any other location on the same or any other lot, unless the entire
structure and use thereof shall thereafter conform to all of the provisions
of this Chapter after being so moved. No non-conforming use of land
shall be moved, in whole or in part, to any other location on the
same or any other lot, unless such use shall thereafter conform to
all of the provisions this Chapter after being so moved.
[R.O. 2011 §34-152.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
Except as provided for in Section 400.3060, a non-conforming use shall not be changed to any use other than a permitted use in the zoning district in which the property is located. When a non-conforming use has been changed to any permitted use, it shall not thereafter be changed back to a non-conforming use.
[R.O. 2011 §34-152.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
When a non-conforming use is discontinued, as defined herein,
such use shall not thereafter be reestablished or resumed, and any
subsequent use or occupancy of such land or building shall comply
with the provisions of this Chapter.
[R.O. 2011 §34-152.4; Ord. No. 6139 §1(Exh. A (part)), 1997]
No use which is accessory to a principal non-conforming use
shall continue after such principal use has been abandoned as defined
herein.
[R.O. 2011 §34-152.5; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Existing
uses which were issued a conditional use permit and continue to be
classified as conditional uses under the applicable district regulations
of this Chapter, or amendment thereto, shall not be considered a non-conforming
use. Such a use may continue, subject to compliance with the conditions
set forth in the conditional use permit. The same applies to uses
approved with conditions of use attached under the site plan review
procedure, which under this Chapter are classified as a conditional
use.
B.
Existing
uses which were issued a conditional use permit or site plan review
approval prior to effective date of this Chapter or amendment thereto,
but are no longer permitted as a conditional use or as a permitted
use upon such effective date, shall be considered a non-conforming
use, subject to the provisions of this Article.
C.
Uses existing prior to the effective date of this Chapter, or amendment thereto, which were not classified as a conditional use, but are so classified upon such effective date, shall be deemed a lawful conforming use. In the event that such existing use is to be altered (other than maintenance and remodeling), expanded, intensified, or otherwise changed, then such use shall be required to obtain a conditional use permit, pursuant to the procedures set forth in Article XI of this Chapter.
[R.O. 2011 §34-152.6; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Exceptions
to the non-conforming use provisions shall be limited to the following:
1.
Non-conforming residential uses. Any structure devoted to a non-conforming residential use (e.g., a residential dwelling located in a non-residential district where such are not permitted or conditionally permitted) may be remodeled, extended, expanded and enlarged; provided that after any such remodeling, extension, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling units than such structure accommodated prior to any such work; and provided that such work does not create any dimensional non-conformities, except as may be authorized under Section 400.3100. This paragraph shall not be deemed to authorize any violation of Sections 400.3010 (Subsections (5) and (6)), 400.3020, 400.3030, 400.3040 or 400.3120.
2.
Non-conforming non-residential uses. Any structure which is devoted exclusively to non-conforming non-residential use and which is located in any district other than a "SR" Single-Family Residential District may be remodeled and converted to office use, provided the structure is used for office purposes exclusively, and where such remodeling or conversion does not create a dimensional non-conformity. This paragraph shall not be deemed to authorize any violation of Sections 400.3010 (Subsections (4), (5) and (6)), 400.3030, 400.3040 or 400.3120.
