[Ord. No. 1383 §900, 1-6-2003]
Purpose. The purpose of the regulations of this Article is to establish regulations that govern uses, structures, lots and other current circumstances that came into being lawfully but that do not conform to one (1) or more requirements of this Development Code. The regulations address the following types of non-conformities:
Non-conforming uses. Uses legally established prior to February 1, 2003, that do not conform with the use regulations of the district that the use is located are referred to as "non-conforming uses". Temporary uses shall not qualify as "non-conforming uses".
Non-conforming structures. Buildings and structures, not including signs, legally established prior to February 1, 2003, that do not conform with the property development standards of the zoning district that the use is located in are referred to as "non-conforming structures". Temporary structures shall not qualify as "non-conforming structures".
Policy. It is the general policy of the City to allow uses, structures or lots that came into existence legally and in conformance with then-applicable requirements but that do not conform to all of the applicable requirements of this Development Code to continue to exist and be put to productive use but to bring as many aspects of such use into conformance with the current Development Code as is reasonably practicable, all subject to the limitations of this Article. The limitations of this Article are intended to recognize the interests of the property owner in continuing to use the property but to control the expansion of the non-conformity and to control reestablishment of abandoned uses and limit reestablishment of buildings and structures that have been substantially destroyed.
Authority To Continue. Non-conformities shall be allowed to continue in accordance with the regulations of this Article.
Determination Of Non-Conformity Status. The burden of establishing that a non-conformity lawfully exists is to the owner and not the City.
Repair And Maintenance. Repairs and normal maintenance required to keep non-conforming structures and non-conforming signs in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this Article or required by law or ordinance.
Change Of Tenancy Or Ownership. Changes of tenancy, ownership or management of an existing non-conformity shall be permitted, provided there is no change in the nature or character, extent or intensity of such non-conformity.
[Ord. No. 1383 §901, 1-6-2003]
Non-conforming uses shall be subject to the following standards.
Enlargement. No non-conforming use shall be enlarged, expanded or extended to occupy a greater area of land or floor areas than was occupied on February 1, 2003, and no additional accessory use, building or structure shall be established on the site of a non-conforming use. This provision notwithstanding, uses may be extended throughout any part of a building or other structure that was lawfully and manifestly designed or arranged for such use on February 1, 2003.
Relocation. No non-conforming use shall be moved in whole or part to any other portion of such parcel nor to another lot unless the use will be in conformance with the use regulations of the district into which it is moved.
Discontinuance And Abandonment. If a non-conforming use ceases for any reason for a period of more than twelve (12) consecutive months (except where Government action causes such cessation), the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this Unified Development Code for the district that such parcel or lot 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 structural value prior to such destruction, such structure shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations, of the zoning district that it is located. The City shall make the determination of such reduced structural valuation.
When such damage or destruction is fifty percent (50%) or less, no repair or restoration shall be made unless a building permit is obtained within six (6) months and restoration is completed within one (1) year after the date that such permit is issued. The time limit may be extended upon the recommendation of the Planning Commission and the approval of the Board of Aldermen.
Change In Use. A non-conforming use may be changed to a new use, provided that the new use shall be of the same general character or of a character less intensive (and thus more closely conforming) than the existing, non-conforming use. The Zoning Officer shall make the initial determination of whether a proposed use is a conforming use or is less intense, with an appeal to the Board of Zoning and Adjustment. A non-conforming use may not thereafter be changed back to a less conforming use than when it was changed.
Residential Uses In Non-Residential Districts.
The other provisions of this Section notwithstanding, any structure that is devoted to a non-conforming residential use and that is located in a "C-1" or more intensive district 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 or lodging units than such structure accommodated prior to any such work.
Accessory Uses. No use that is an accessory to a principal non-conforming use shall continue after such principal use ceases or terminates.
Outdoor Storage, Recycling Collection Stations, Recycling Collection Centers And Solid Waste Collection And Processing Facilities. A non-conforming use of land for outdoor storage for the sale of merchandise may be continued only until February 1, 2003. After that time the use shall be brought into full compliance with the use regulations of the underlying zoning district. Any non-conforming recycling collection station, recycling collection center or solid waste collection or processing facility shall, by February 1, 2003, be made to comply with all of the provisions of this Unified Development Code or be removed.
[Ord. No. 1383 §902, 1-6-2003]
Non-conforming structures shall be subject to the following standards:
Enlargement. Any expansion of a non-conforming structure that increases the degree of non-conformance shall be prohibited. Other expansions of the structure shall be permitted and shall not require a variance. The Zoning Officer shall make the initial determination of whether a proposed expansion increases the degree of non-conformity, with an appeal to the Board of Zoning and Adjustment.
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 structural value prior to such destruction, such structure shall not be restored except in conformance with the regulations for the zoning district that it is located. When a structure is damaged to the extent of fifty percent (50%) or less, no repairs or restoration shall be made unless a building permit 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. The City shall make the determination of such reduced structural valuation.
Relocation. Non-conforming structures shall not be moved unless the movement or relocation will bring the structure into compliance with all applicable zoning district regulations.
[Ord. No. 1383 §903, 1-6-2003]
Applicability. The types of other non-conformities that this Section applies include, but are not limited to:
Enlargement Or Change In Use. Where an addition, enlargement or change in use is proposed to an extent in excess of twenty-five percent (25%) of the floor area of the existing buildings or structures, the entire lot shall be brought into conformance with presently existing requirements of this Development Code as to landscaping, buffering, off-street parking and other non-use and non-property development regulations of this Development Code.
[Ord. No. 1383 §904, 1-6-2003]
When lot area or setbacks are reduced as a result of conveyance to a Federal, State or local government for a public purpose and the remaining area is at least seventy-five percent (75%) of the required minimum standard for the district that it is located, then that lot shall be deemed to be in compliance with the minimum lot size and setback standards of this Development Code without resort to the Board of Zoning and Adjustment.