[CC 1976 App. A §8.01; Ord. No. 2449 §1, 11-14-1988]
The provisions of this Section shall apply to all non-conforming
uses, lands, and structures. A non-conforming land use or structure
is one which existed lawfully whether by variance or otherwise, on
the date this Zoning Code or any amendment thereto became effective
(November 14, 1988), and which fails to conform to one (1) or more
of the applicable regulations of the Zoning Code or such amendment
thereto. Such non-conformities may be incompatible with and detrimental
to permitted land uses and structures in the Zoning Districts in which
they are situated; they inhibit present and future development of
nearby properties; and they confer upon their owners and users a position
of unfair advantage.
[CC 1976 App. A §8.02; Ord. No. 2449 §1, 11-14-1988]
Existing non-conformities are not to be expanded; however, their
continued, lawful existence, within the requirements of this Chapter,
is expressly acknowledged.
[CC 1976 App. A §8.03; Ord. No. 2449 §1, 11-14-1988]
A.
Where,
on the date of adoption or amendment of this Chapter, a lawful use
of a parcel or lot (such use not involving any building or structure
or upon which parcel or lot a building or structure is accessory to
such principal use) exists that is no longer permissible under the
provisions of this Chapter, such principal use may be continued so
long as it remains otherwise lawful subject to the following provisions:
1.
Enlargement. No such non-conforming use of a parcel
or lot shall be enlarged, expanded or extended to occupy a greater
area of land than was occupied on the date of adoption or amendment
of this Chapter and no additional accessory use, building, or structure
shall be established thereon.
2.
Relocation. No such non-conforming use of a parcel
or lot shall be moved in whole or in part to any other portion of
such parcel or lot not so occupied on the date of adoption of this
Chapter or to a parcel or lot not in conformance with this Chapter.
3.
Discontinuance. If such non-conforming use of a
parcel or lot ceases for any reason for a period of more than one
hundred eighty (180) consecutive days (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 Chapter for
the district in which such parcel or lot is located. For the purposes
of the ordinance, "cessation of the non-conforming use" shall mean no further active use of the property in the principal
non-conforming manner. Continued simple ownership or use of the property
for some clearly secondary purpose, such as storage, shall not be
considered a continuance of the non-conforming use.
[CC 1976 App. A §8.04; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2001-46 §7, 6-26-2001]
A.
Where,
on the date of adoption or amendment of this Chapter, a lawful building
or structure exists that could not be built under the regulations
of this Chapter by reasons of restrictions upon lot area, lot width,
lot coverage, height, open spaces, off-street parking, loading spaces
and setbacks, or other characteristics, such building or structure
may be continued so long as it remains otherwise lawful subject to
the following provisions:
1.
Enlargement. Such building or structure may be enlarged,
expanded, extended, or altered only if the non-conformity is removed.
2.
Destruction. Should any such building or structure
be destroyed by any means to an extent of more than fifty percent
(50%) of its replacement cost at the time of destruction, it shall
not be reconstructed except in conformance with the provisions of
this Chapter. However, any multiple-family dwelling unit located in
a PD-MxD District which has been or is in the process of being rehabilitated
pursuant to Section 42 of the Internal Revenue Code relating to existing
buildings and for which the cost of the rehabilitation has been or
will be at least ten thousand dollars ($10,000.00) per unit, said
unit or units located within such district which have been destroyed
may be reconstructed as they existed prior to such casualty without
regard to this Chapter's regulations governing number of units permitted
per acre, configuration, lot area requirements, parking and setbacks,
provided that nothing contained herein shall relieve the owner of
such property from the obligation to meet all other applicable code
requirements then in effect.
3.
Relocation. Should any such building or structure
be moved for any reason for any distance, it shall thereafter conform
to the regulations of the district in which it is located after it
is moved.
[CC 1976 App. A §8.05; Ord. No. 2449 §1, 11-14-1988]
A.
Where,
on the date of adoption or amendment of this Chapter, a lawful use
of a building or structure exists that is no longer permissible under
the regulations of this Chapter, such use may be continued so long
as it remains otherwise lawful subject to the following provisions:
1.
Enlargement. No existing building or structure devoted
to a use not permitted by this Chapter in the district in which it
is located shall be enlarged, constructed, reconstructed, moved, or
structurally extended or altered except in changing the use of such
building or structure to a use permitted in the district in which
such building or structure is located.
2.
Change in use not permitted. An existing non-conforming
land use or structure shall not cause further departures from the
Zoning Code. Although an existing non-conforming use may continue,
except as hereinafter limited, it may not be changed to another use,
except a use permitted in the district in which it is situated and
provided it complies with the requirements of that district.
3.
Discontinuance. When a non-conforming use of a building
or structure is discontinued or abandoned for more than one hundred
eighty (180) consecutive days (except where government action prevents
access to the premises) the building or structure shall not thereafter
be used except in conformance with the regulations of the district
in which it is located.
[CC 1976 App. A §8.06; Ord. No. 2449 §1, 11-14-1988; Ord. No. 98-76 §1, 9-29-1998]
A.
Nothing in this Chapter shall be deemed to prohibit the restoration of any structure and its use where such structure has been destroyed by any means out of the control of the owner to an extent less than fifty percent (50%) of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation adaptable to a conforming use) at the time of destruction, provided the restoration of such structure and its use in no way increases any former non-conformity, and provided further that restoration of such structure is begun within six (6) months of such destruction and diligently prosecuted to completion within two (2) years following such destruction. Whenever such structure has been destroyed by any means out of the control of the owner to an extent of more than fifty percent (50%) of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) at the time of destruction, as determined by the Code Enforcement Officer, or by means within the control of the owner to any extent whatsoever, the structure shall not be restored except in full conformity with all regulations of the district in which such structure is situated, except as may otherwise be provided in Subsection (B) of this Section. When a structure is determined to be substandard by the proper administrative official of the City of Overland under any applicable ordinance of the City and the cost of placing the structure in condition to satisfy the standards under such ordinance shall exceed fifty percent (50%) of the reconstruction cost of the entire structure, such non-conforming structure shall not be restored for the purpose of continuing a non-conforming use, except as may otherwise be provided in Subsection (B) of this Section. However, none of the restrictions contained in this Section shall limit the authority of the Board of Adjustment to grant relief for reconstruction of a non-conforming structure, as provided in Article XVI.
B.
Whenever any commercial structure located in a residentially zoned district is prohibited from being reconstructed by reason of Subsection (A) of this Section, the property owner may petition the Council for the privilege to reconstruct the non-conforming structure, provided that such petition is filed within ninety (90) days of such destruction or determination of substandardness. The privilege herein provided for shall not be granted unless a majority of two-thirds (⅔) of the Council approves the petition. In passing upon the petition the Council shall consider all relevant factors, including the appropriateness of the commercial use in the immediate neighborhood. Any privilege to reconstruct herein granted shall be conditioned upon the owner complying with the provisions of Article IX, site plan approval.
[CC 1976 App. A §8.07; Ord. No. 2449 §1, 11-14-1988]
There may be a change of tenancy, ownership, or management of
an existing non-conforming use, building or structure, provided there
is no change in the nature or character, extent or intensity of such
non-conforming use, building or structure.
[CC 1976 App. A §8.08; Ord. No. 2449 §1, 11-14-1988]
To avoid undue hardships, nothing in this Chapter shall be deemed
to require a change in plans, construction, or designated use of any
building on which actual construction was lawfully begun prior to
the effective date of adoption or amendment of this Chapter and upon
which actual building construction has been carried on diligently.
Nothing herein contained shall require any change in the plans or
designated use of a building for which a building permit had been
heretofore issued, or plans or final subdivision plats which have
been approved by the Council at the time of the passage of this Chapter.
[CC 1976 App. A §8.09; Ord. No. 2449 §1, 11-14-1988]
Any use existing at the time of adoption of this Chapter, November
14, 1988, and which is permitted as a conditional use in a district
under the terms of this Chapter shall be deemed a conforming use in
such district, and shall without further action be considered a conforming
use.
[CC 1976 App. A §8.10; Ord. No. 2449 §1, 11-14-1988]
In any district in which single-family dwellings are permitted,
notwithstanding limitations imposed by other provisions of this Chapter,
a single-family dwelling and customary accessory buildings or structures
may be erected on any single lot of record at the effective date of
adoption or amendment of this Chapter. Such lot must be in separate
ownership and not of continuous frontage with other lots in the same
ownership as of the date of adoption of this Chapter. This provision
shall apply even though such lot fails to meet the requirements for
area or width, or both, that are generally applicable in the district,
provided that yard dimensions and other requirements not involving
area or width, or both, of the lot shall conform to the regulations
for the district in which such lot is located. If two (2) or more
lots or combinations of lots and portions of lots with continuous
frontage in single ownership are of record at the time of passage
or amendment of this Chapter and if all or part of the lots do not
meet the requirements for lot width and area as established by this
Chapter, the lands involved shall be considered to be an undivided
parcel for the purpose of this Chapter, and no portion of said parcel
or lot shall be used or sold which does not meet lot width and area
requirements established by this Chapter; nor shall any division of
the parcel or lot be made which leaves remaining any parcel or lot
with width or area below the requirements stated in the ordinance.
[CC 1976 App. A §8.11; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §2, 12-11-1989]
[CC 1976 App. A §8.12; Ord. No. 2449 §1, 11-14-1988]
A use in violation of a provision of the ordinance which this
repeals (Ordinance No. 1227, as amended) shall not be validated as
a non-conforming use by this Chapter.
[CC 1976 App. A §8.13; Ord. No. 2449 §1, 11-14-1988]
Where a non-conforming use exists, and a conforming use is proposed,
the non-conforming use must cease upon initiation of the conforming
use. No joint use of either buildings, structures, and/or land shall
be permitted.
[CC 1976 App. A §8.14; Ord. No. 2449 §1, 11-14-1988]
The existence of any present non-conformity anywhere in the
City shall not itself be considered grounds for the issuance of a
variance for other property.
[CC 1976 App. A §8.15; Ord. No. 2449 §1, 11-14-1988]
A non-conforming use of land shall not be moved to another part
of a lot or outside the lot, and a non-conforming use of a structure
shall not be moved to any part of the structure not manifestly arranged
and designed for such use at the time the use became non-conforming,
except that in the case of extraction of raw materials from the earth,
extraction operations and moving of related structures may occur on
any part of the tract owned or leased by the operator at the time
of becoming a non-conforming use.
[CC 1976 App. A §8.16; Ord. No. 2449 §1, 11-14-1988]
Within five (5) years of the date of the adoption of this Chapter or the date of adoption of any applicable amendments to this Chapter, any use which is or becomes a non-conforming use shall be brought into conformance with the environmental performance standards established in Article VI, "Environmental Performance Standards" regulations. Any use listed in this paragraph need not be discontinued in the event that the adoption of this Chapter or amendments to this Chapter changes the status of such use from that of non-conforming use to that of a permitted use in the district in which it is located. Any use not in compliance with conformance standards will not conform.
[CC 1976 App. A §8.17; Ord. No. 2449 §1, 11-14-1988]
A.
In
those instances where a building or structure is non-conforming due
to an inadequate yard setback only, such structure or building may
be improved to the extent that the proposed improvement does not:
