[R.O. 2009 §25-201; Ord. No. 2739 §43-80, 5-20-1985]
Within the City certain existing lots, structures and uses of
land which were lawful prior to the adoption or amendment of this
Zoning Code are prohibited under the terms of this Chapter. This Article
is intended to declare non-conformities to be incompatible with the
permitted uses in each district, to permit non-conformities to continue
until they are removed, and to prohibit non-conformities from being
expanded, enlarged or increased in intensity.
[R.O. 2009 §25-202; Ord. No. 2739 §43-81, 5-20-1985]
Structures may be built on lots of record that were made non-conforming
by this Chapter as to size, width or area, provided however, that
such structures shall conform to setbacks and other regulations not
involving area or width of lot.
[R.O. 2009 §25-203; Ord. No. 2739 §43-83.5, 5-20-1985]
If any non-conforming structure or any structure devoted in
whole or in part to a non-conforming use is damaged or, becomes extensively
deteriorated or, is destroyed by any means to an extent greater than
fifty percent (50%) of its then current fair market value, such structure
shall not be restored except in conformity with all applicable provisions
of this Chapter including the regulations of the zoning district in
which the building is situated. However, such structure may be restored
if the Board of Adjustment finds a compelling public necessity requiring
the continuance of the non-conformity. When a structure, the use of
which does not conform to the provisions of this Chapter, is damaged
or, becomes extensively deteriorated or, is destroyed by any means
to an extent of more than twenty-five percent (25%) but less than
fifty percent (50%) of its fair market value, it may only be restored
on the issuance of a permit by the Building Official with the approval
of the Board of Aldermen. If such damage is twenty-five percent (25%)
or less of its fair market value, then restoration may be made as
otherwise provided by all applicable ordinances of the City.
[R.O. 2009 §25-204; Ord. No. 2739 §§43-82.1 — 43-82.3, 5-20-1985]
A.
Any
non-conforming structure which is devoted to a use which is permitted
in the zoning district in which it is located may be continued, so
long as it remains otherwise lawful, subject to the restrictions in
this Article.
B.
Any such structure described in Subsection (A) may be maintained, repaired or remodeled, provided however, that no such maintenance, repair or remodeling shall either create any additional non-conformity or increase the degree of existing non-conformity of all or any part of such structure. Nothing in this Zoning Code shall be deemed to prevent the strengthening or restoring of a structure to a safe condition in accordance with an order of public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition, where such restoration will not be in violation of this Section.
C.
If
any non-conforming structure or any structure devoted in whole or
in part to a non-conforming use is damaged or, becomes extensively
deteriorated or, is destroyed by any means to an extent greater than
fifty percent (50%) of its then current fair market value, such structure
shall not be restored except in conformity with all applicable provisions
of this Chapter including the regulations of the zoning district in
which the building is situated. However, such structure may be restored
if the Board of Adjustment finds a compelling public necessity requiring
the continuance of the non-conformity. When a structure, the use of
which does not conform to the provisions of this Chapter, is damaged
or, becomes extensively deteriorated or, is destroyed by any means
to an extent of more than twenty-five percent (25%) but less than
fifty percent (50%) of its then current fair market value, it may
only be restored on the issuance of a permit by the Building Official
with the approval of the Board of Aldermen. If such damage is twenty-five
percent (25%) or less of its fair market value, then restoration may
be made as otherwise provided by all applicable ordinances of the
City.
[R.O. 2009 §25-205; Ord. No. 2739 §43-82.4, 5-20-1985]
No structure described in Section 400.3180, Subsection (A), shall be moved in whole or in part for any distance whatever to any other location on the same or any other lot unless the entire structure shall thereafter conform to the provisions of the zoning district in which it is located after being moved.
[R.O. 2009 §25-212; Ord. No. 2739 §43-83.1, 5-20-1985]
Any lawfully existing non-conforming use of part or all of a
structure or any lawfully existing non-conforming use of land, not
involving a structure or only involving a structure which is accessory
to such use of land, may be continued, so long as otherwise lawful,
subject to the provisions contained in this Division.
[R.O. 2009 §25-213; Ord. No. 2739 §43-83.2, 5-20-1985]
A.
The
normal maintenance and repair or the replacement, installation or
relocation of non-bearing walls, non-bearing partitions, fixtures,
wiring or plumbing may be performed on any structure that is devoted
in whole or in part to a non-conforming use. Neither this nor any
other provision of this Chapter shall be interpreted to authorize
any increase in the size or degree of the non-conforming use or any
violation of the provisions of any other Sections of this Division.
B.
Nothing in this Chapter shall be deemed to prevent the strengthening or restoring of a structure to a safe condition in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition, where such restoration will not be in violation of Sections 400.3180 and 400.3190.
[R.O. 2009 §25-214; Ord. No. 2739 §43-83.3, 5-20-1985]
A structure devoted in whole or in part to a non-conforming
use shall not be renovated, remodeled or rehabilitated to an extent
greater than fifty percent (50%) of its fair market value prior to
such renovation, remodeling or rehabilitation, nor shall the structural
system of the building be altered, unless the entire structure and
use of the structure shall thereafter conform to all provisions of
this Chapter and of the zoning district in which the use is located.
[R.O. 2009 §25-215; Ord. No. 2739 §43-83.4, 5-20-1985]
A non-conforming use shall not be extended, expanded, enlarged
or increased in intensity.
[R.O. 2009 §25-216; Ord. No. 2739 §43-83.7, 5-20-1985]
A non-conforming use shall not be changed to any use other than
a use permitted in the zoning district in which the use is located.
When a non-conforming use has been changed to any permitted use, it
shall not thereafter be changed back to a non-conforming use.
[R.O. 2009 §25-217; Ord. No. 2739 §43-83.8, 5-20-1985]
If the non-conforming use of any building or premises is discontinued
for a period of one (1) year, regardless of any reservation of an
intent not to abandon or to resume such use, any subsequent use or
occupancy of such structures shall comply with provisions of this
Zoning Code including those of the zoning district in which the structure
is located.
[R.O. 2009 §25-218; Ord. No. 2739 §43-83.9, 5-20-1985]
No use which is accessory to a principal non-conforming use
shall continue after such principal use shall cease or terminate.
[R.O. 2009 §25-219; Ord. No. 2739 §43-84, 5-20-1985]
A.
In addition to the provisions of Section 400.1840 regulating setbacks, the following regulations shall apply to those non-conformities located within prescribed setback lines from the rights-of-way of public or approved private streets and highways.
1.
No structure shall be constructed, reconstructed or structurally
altered in such a manner as to project into the area prescribed as
a setback from a public or approved private street or as established
by this Chapter.
2.
The lawful use of any building, except signs, billboards or other
structures, all or part of which may otherwise be in violation of
this Chapter, may be continued, provided that no structural alterations
shall thereafter be made on the portion of the non-conforming building
located within the prescribed setback lines. New buildings to replace
destroyed or removed non-conforming buildings shall conform to the
provisions of this Chapter.
3.
Any advertising sign, billboard or structure other than a building
or any stored material within the prescribed setback from the right-of-way
of a public or approved private street or highway shall be removed
within two (2) years from May 20, 1985.
