Any use of land or structures, or any lot or structure which
lawfully existed at the effective date of adoption or amendment of
this chapter which would not be permitted or permissible by the provisions
of this chapter as adopted or amended, shall be deemed nonconforming.
It is the intent of this chapter to permit such nonconformities to
continue, subject to certain restrictions listed within this section
unless otherwise noted within this chapter.
The continued lawful use of a building, premises, structure,
or fixture existing at the time of the adoption or amendment of a
zoning ordinance may not be prohibited although the use does not conform
to the provisions of the ordinance. The nonconforming use, building,
premises, structure or fixture may not be extended. The total structural
repairs or alterations in such a nonconforming building, premises,
structure, or fixture shall not during its life exceed 50% of the
assessed value of the building, premises, structure, or fixture unless
permanently changed to a conforming use. If the nonconforming use
is discontinued for a period of 12 months, any future use of the building,
premises, structure, or fixture shall conform to the chapter.
A.
In this section:
(1)
"Development regulations" means the part of this chapter that
applies to elements including setback, height, lot coverage, and side
yard.
(2)
"Nonconforming structure" means a dwelling or other building
that existed lawfully before the current zoning ordinance was enacted
or amended, but that does not conform with one or more of the development
regulations in the current zoning ordinance.
B.
An ordinance may not prohibit, or limit based on cost, the repair,
maintenance, renovation, or remodeling of a nonconforming structure.
A.
Restrictions that are applicable to damaged or destroyed nonconforming
structures and that are contained in an ordinance enacted under this
subsection may not prohibit the restoration or replacement of a nonconforming
structure if the structure will be restored to, or replaced at, the
size, subject, location, and use that it had immediately before the
damage or destruction occurred, or impose any limits on the costs
of the repair, reconstruction, or improvement if all of the following
apply:
B.
An ordinance enacted under this subsection to which the restrictions
above apply shall allow for the size of a structure to be larger than
the size it was immediately before the damage or destruction if necessary
for the structure to comply with applicable state or federal requirements.
C.
When a structure becomes nonconforming as to setback from a public
right-of-way because the public right-of-way was dedicated, reserved,
widened, or relocated, such structure shall not be considered a nonconforming
structure under this section. However, no such structure shall thereafter
be added to or rebuilt closer to the public right-of-way. Reference:
Diagram 320-400-2.
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Diagram 320-400-2
Nonconformities
Reference: § 320-404C.
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A.
If characteristics of use, such as lighting, parking, noise or other
matters pertaining to the use of land, structures, and premises, are
made nonconforming by the provisions of this chapter as adopted or
amended, no change shall thereafter be made in such characteristics
of use which increases the nonconformity; provided, however, that
changes may be made which decrease such nonconformity.
B.
Nonconforming design of structures. If characteristics of the design
of a structure, such as walls, roofs, equipment, entrances, facades
or building materials, are made nonconforming by the provisions of
this chapter as adopted or amended, the structure may be altered or
enlarged, provided that the alteration or enlargement complies with
such requirements and does not increase the nonconformity.
In any district, any permitted or permissible use may commence,
or structure may be erected on a single lot of record at the effective
date of adoption or amendment of this chapter. This provision shall
apply even though such lot fails to meet the requirements of lot area,
lot width, lot frontage or all three for the district in which it
is located, and provided that all other requirements for the district
are met.
The casual, temporary, or illegal use of land or structures,
or land structures in combination, shall not be sufficient to establish
the existence of a nonconforming use or to create rights in the continuance
of such use.
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Diagram 320-400-1
Nonconformities
Reference: Part 320-400.
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[1]
Editor’s Note: Section 320-408, Exemption, added 4-26-2021
by Ords. No. 01-21 and 05-21, which immediately followed this section,
was repealed 9-27-2021 by Ord. No. 10-21.
