[R.O. 2006 §405.200; Ord. No. 503A, 7-17-2000]
A.
Within
the zoning districts established by this Chapter, or by amendments
thereto, there exists buildings, structures, uses and lots which were
lawfully established prior to the adoption of this Chapter or amendments
thereto, but which do not conform to the regulations contained within
this Chapter. It is the intent of this Chapter to eliminate these
non-conformities and to permit these buildings, structures, uses and
lots to continue only until they are discontinued, damaged or removed
except as provided herein. These non-conformities can be incompatible
with the buildings, structures and land uses permitted by this Chapter
in certain zoning districts. In addition, these non-conformities may
not be compatible with the City's Comprehensive Land Use Plan. It
is the further intent of this Chapter that such non-conformities shall
not be enlarged, expanded or extended except as provided herein, nor
to be used as grounds for adding other buildings, structures and uses
prohibited elsewhere in the same district.
B.
Non-conformities
made unlawful by generally applicable public health, safety or welfare
ordinances of the City, enacted in whole or in part pursuant to authority
other than the City's zoning authority, shall not be governed by this
Section and shall have no right of being continued unless otherwise
provided by law.
[R.O. 2006 §405.205; Ord. No. 503A, 7-17-2000]
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 lawfully of record at the effective
date of adoption or amendment of this Chapter (July 17, 2000). This
provision shall apply even though such lot fails to meet the requirements
for area or width, or both, that are applicable in the district.
[R.O. 2006 §405.210; Ord. No. 503A, 7-17-2000]
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, off-street parking, 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 conformity with the provisions of this
Chapter.
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.
[R.O. 2006 §405.215; Ord. No. 503A, 7-17-2000]
A.
Where,
on the date of adoption of this Chapter, a lawful use of a lot, 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, non-conforming lots. 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 (July 17, 2000), and no additional accessory
use, building or structure shall be established herein. A non-conformity
may not be expanded to cover more land area than was occupied by that
non-conformity when it became non-conforming, or such reduced area
to which the non-conformity may have been lawfully converted.
2.
Enlargement, non-conforming buildings and structures. 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 lot, building or structure to a
use permitted in the district in which such lot, building or structure
is located. No physical alteration of structures or placement of new
structures on open land shall occur if such activity results in:
3.
Increase in intensity, non-conformities. The volume,
intensity or frequency of use of the property, where a non-conformity
exists, may not be increased and the equipment or processes used at
a location where a non-conformity exists may not be changed if these
or similar changes cause an increase in the degree of activity.
4.
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 at the date of the adoption of
this Chapter, nor to another parcel or lot not in conformance with
this Chapter.
5.
Change in use not permitted. An existing non-conforming
use of a lot, building or structure shall not cause further departures
from the Zoning Ordinance. Although an existing non-conforming use
may be continued, except as herein limited, it may not be changed
to another use, except to a similar use or to a use permitted in the
district in which it is situated and provided it complies with the
requirements of this district.
6.
Discontinuance. When a non-conforming use of a lot,
building or structure is discontinued or abandoned for more than twelve
(12) months (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.
[R.O. 2006 §405.220; Ord. No. 503A, 7-17-2000]
Repairs and normal maintenance required to keep buildings in
a safe and sanitary condition may be made to non-conforming buildings
or structures, provided that no alterations shall be made except those
required by law or ordinance, unless the building or structure is
changed to a conforming use in compliance with this Chapter.
[R.O. 2006 §405.225; Ord. No. 503A, 7-17-2000]
There may be a change of ownership, tenancy 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.
[R.O. 2006 §405.230; Ord. No. 503A, 7-17-2000]
When the use of a building becomes non-conforming due to an
amendment to the Zoning Ordinance or Zoning District Map, such use
may be continued, and if no structural alterations are made, it may
be changed to another non-conforming use of a higher classification.
[R.O. 2006 §405.235; Ord. No. 503A, 7-17-2000]
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 this Chapter, nor shall nothing contained herein require any change
in the plans or designated use of a building for which a building
permit has been heretofore issued, or plans or subdivision plats which
have been previously approved, but not yet constructed, prior to the
adoption of this Chapter.
[R.O. 2006 §405.240; Ord. No. 503A, 7-17-2000]
Any use existing prior to the adoption of this Chapter, and
which is permitted as a conditional use in a district under the terms
of this Chapter, shall be deemed a conditional use in such district
and shall without further action be considered a conforming conditional
use.
