The provisions of this Article apply to buildings,
structures, signs, lands and uses which became nonconforming as the
result of the application of this chapter to them, or from classification
or reclassification of the property under this chapter or any subsequent
amendments thereto.
Where, at the effective date of adoption or
amendment of this chapter, lawful use of land exists that is made
no longer permissible under the terms of this chapter as enacted or
amended, such use may be continued so long as it remains otherwise
lawful, subject to the following provisions:
A. No such nonconforming use shall be enlarged or increased,
nor extended to occupy a greater area of land than was occupied at
the effective date of adoption or amendment of this chapter.
B. No such nonconforming use shall be moved in whole
or in part to any other portion of the lot or parcel occupied by such
use at the effective date of adoption or amendment of this chapter.
C. If any such nonconforming use of land ceases for any
reason for a period of two years, any subsequent use of such land
shall conform to the regulations specified by this chapter for the
district in which such land is located.
Where a lawful structure exists at the effective
date of adoption or amendment of this chapter that could not be built
under the terms of this chapter by reason of restrictions on area,
lot coverage, height, yard setbacks or other characteristics of the
structure or its location on the lot, such structure may be continued
so long as it remains otherwise lawful, subject to the following provisions:
A. No such structure may be enlarged or altered in any
way which increases its nonconformity unless an enlargement or structural
alteration makes the building more conforming or is required by law.
B. Structures that have been destroyed or damaged may
be rebuilt or repaired on their foundations even though such foundation
may violate the setback requirements for the zone district where the
structure is located and even though the use to be continued in the
rebuilt structure is not permitted in the zone district, provided
that the rebuilding or repair and reoccupancy of the structure occurs
within two years of the date that the original structure was destroyed
or damaged.
C. Should such structure be moved for any reason, it
shall thereafter conform to the regulations for the district in which
it is located after it is moved.
D. Structural alterations may be permitted if necessary
to adapt a nonconforming building to new technologies or equipment
pertaining to uses housed in such building. Any enlargement necessary
to adapt to new technologies shall be authorized only by a variance,
issued by the Zoning Hearing Board.
If a lawful use of a structure or of a structure
and premises in combination, exists at the effective date of adoption
or amendment of this chapter that would not be allowed in the district
under the terms of this chapter, such use may be continued so long
as it remains otherwise lawful, subject to the following provisions:
A. No existing structure devoted to a use not permitted
by this chapter in the district in which it is located shall be enlarged,
extended, constructed, reconstructed, moved or structurally altered
except in changing the use of the structure to a use permitted in
the district in which it is located.
B. Any nonconforming use may be extended throughout any
parts of a building which was manifestly arranged or designed for
such use at the time of adoption or amendment of this chapter, but
no such use shall be extended to occupy any land outside such building.
C. If no structural alterations are made, any nonconforming
use of a structure or structure and land in combination may be changed
to another nonconforming use, provided that the Zoning Hearing Board,
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 nonconforming use. In permitting
such change, the Zoning Hearing Board may require appropriate conditions
and safeguards in accord with the provisions of this chapter.
D. Any structure, or structure and land in combination,
in or on which a nonconforming use is superseded by a permitted use,
shall thereafter conform to the regulations for the district in which
such structure is located, and the nonconforming use may not thereafter
be resumed.
E. When a nonconforming use of a structure, or structure
and premises in combination, is discontinued or abandoned for two
years, the structure, or structure and premises in combination, shall
not thereafter be used except in conformance with the regulations
of the district in which it is located.
F. Where nonconforming use status applies to a structure
and premises in combination, removal or destruction of the structure
shall eliminate the nonconforming status of the land.
[Amended 4-28-2011 by Ord. No. 1639]
A. Nothing
in this article shall be deemed to prevent the strengthening or restoring
to a safe condition of any building or part thereof or remodeling
of interior spaces or exterior surfaces so long as the nonconforming
aspects of the use and/or structure are not increased.
B. As to one- and two-family dwellings which constitute nonconforming uses within the C-1, the C-2, the M-1 and the M-2 Zoning Districts, nothing in this article shall be deemed to prevent the alteration (as defined in §
260-7) of the one- or two-family dwelling or the addition of an accessory structure, including sheds, garages or other customary accessory structures for one- and two-family dwellings, subject to development standards set forth in the R-3 Zoning District.
[Amended 7-11-1991 by Ord. No. 1355]
City Council may direct the Zoning and Code
Management Officer to identify and register nonconforming uses, structures
and/or lots, together with the reasons why each nonconformity is deemed
to be nonconforming. The record shall be kept current to reflect zoning
map changes creating nonconformities and removal of nonconformities.
The provisions of this Article shall not apply
to any building or structure which is designated by the Planning Commission,
with concurrence of Council, to be an "historical landmark."