[Zoning Regs. §23.010; Ord. No. 1014 §3, 6-12-1998]
The purpose of this Article is to provide for the regulation
of non-conforming uses, buildings and structures and signs.
[Zoning Regs. §23.020; Ord. No. 1014 §3, 6-12-1998]
Any non-conforming building, structure or use which existed
lawfully at the time of adoption of this Chapter and which remains
non-conforming and any such building, structure or use which shall
become non-conforming upon the adoption of this Chapter or any subsequent
amendment thereto may be continued in accordance with the regulations
which follow.
[Zoning Regs. §23.030; Ord. No. 1014 §3, 6-12-1998]
A.
The
non-conforming use of land at the time of the passage of this Chapter,
not involving a building or structure or any building or structure
thereon is merely incidental or accessory to the principal use of
the land, may be continued subject to the following provisions:
1.
Expansion. A non-conforming use of land shall not
be extended or enlarged beyond the area it occupies.
2.
Discontinuance. If the non-conforming use of land
is discontinued for a period of six (6) consecutive months, it shall
not thereafter be renewed and any subsequent use of the land shall
conform to the regulations of the district in which the land is located.
3.
Change of use. A non-conforming use of land shall
not be changed to any other use, except to a use permitted in the
district in which the land is located.
[Zoning Regs. §23.040; Ord. No. 1014 §3, 6-12-1998]
A.
The
lawfully existing non-conforming use of part or all of a conforming
or non-conforming building or structure at the time of the passage
of this Chapter may be continued subject to the following provisions:
1.
Expansion of non-conforming use. The non-conforming
use of a part of a building or structure shall not be expanded or
extended into any other portion of such building or structure unless
such additional floor area was manifestly designed for such use at
the time such use became non-conforming.
2.
Discontinuance. If a non-conforming use of a building
or structure is discontinued for a period of six (6) months, it shall
not be renewed and any subsequent use of a building or structure shall
conform to the use regulations of the district in which the premises
are located.
3.
Change of a non-conforming use. No non-conforming
use shall be changed to another non-conforming use.
4.
Special use permit. If the building or structure
is so designed that only a non-conforming use can be performed within
the structure, the owner may apply to the Board of Aldermen for a
special use permit.
[Zoning Regs. §23.050; Ord. No. 1014 §3, 6-12-1998]
A.
Any
lawfully existing building or structure which does not conform with
the regulations of the district in which it is located shall be subject
to the provisions of this Section:
1.
Repairs. Ordinary maintenance and repairs may be
made to a non-conforming building or structure as long as it does
not extend the non-conforming use. The Planning Commission shall determine
what is an ordinary repair.
2.
Alterations and enlargements.
a.
A non-conforming building or structure which is non-conforming only
as to height, yard, parking or loading regulations may be altered,
including structural alterations or enlarged; provided such alterations
or enlargements comply with the regulations and standards of this
Chapter. (Including bringing all parking and loading regulations up
to the current requirements of this Chapter.)
b.
A non-conforming building or structure shall not be added to or enlarged
unless it is substantially designed or intended for a use now permitted
in the district where it is located.
3.
Restoration of damaged non-conforming building. A
non-conforming building or structure damaged by fire or other causes
by an act of God to the extent of not more than fifty percent (50%)
of its true current value before the damage may only be restored to
its original size and occupancy if a building permit is obtained and
greater than ninety percent (90%) of the reconstruction is completed
within one (1) year. Said building or structure, if destroyed or damaged
to an extent greater than fifty percent (50%) of its true current
value, shall be restored only if said building or structure, in the
use thereof, shall conform to all regulations of the district in which
it is located.
4.
Subdivision plots protected for three (3) years. Two (2) or more adjoining non-conforming subdivision plots, not
in separate ownership, in a subdivision recorded, whether or not approved
by the Planning Commission prior to the effective date of this Chapter,
shall have three (3) years from the date of final approval of this
Chapter by the Planning Commission to obtain a building permit. Any
non-conforming plot in a subdivision, whether or not approved by the
Planning Commission more than three (3) years prior to the effective
date of this Chapter and not in separate ownership as of the effective
date of this Chapter so as to qualify, shall not be eligible to receive
a building permit, and said subdivision, part or plot thereof shall
be resubmitted to the Planning Commission for reapproval in accordance
with the applicable provisions of this Chapter. Any plot in a subdivision
approved by the Planning Commission after the effective date of this
Chapter, which conforms to the height and area regulations but which
is made non-conforming as to height and area regulations by any future
amendment, shall have three (3) years from the effective date of the
future amendment or three (3) years from the date of final approval
by the Planning Commission, whichever is sooner, to obtain a building
permit. Any subdivision plot for which a permit is applied for after
the time periods specified herein shall conform to all this Chapter's
regulations.
5.
Existing permits. Nothing herein contained shall
require any change in the plans, construction or designated use of
a building for which a building permit has been heretofore issued
and plans for which are on file with the City Clerk at the time of
the passage of this Chapter and the construction of which in either
case shall have been diligently prosecuted within one (1) year of
the date of such permit.
[Zoning Regs. §23.060; Ord. No. 1014 §3, 6-12-1998]
The owner of a non-conforming plot must apply to the Board of
Zoning Adjustment for a variance to use his/her land as set forth
in the district and to construct any building or structure upon the
plot.
