[R.O. 2006 §405.430; CC 1985 §27-56; Ord. No. 87.28 Art. VIII §A, 10-1-1987; Ord. No. 92.20 §1, 9-17-1992; Ord. No. 95.54 §1, 12-7-1995]
A. Nothing
contained in this Article shall require any change in the plans, construction,
or designated use of a building for which the building footings are
in place at the time of passage of this Chapter.
B. It
is the intent of this Chapter to permit these non-conformities to
continue until they are removed (except as otherwise herein provided),
but not to encourage their survival. Such non-conformities are declared
by this Chapter to be incompatible with the permitted structures and
uses of land and structures in the districts involved. It is further
the intent of this Chapter that such non-conformities shall not be
enlarged upon, expanded, or extended except as provided for herein,
nor to be used as grounds for adding other structures or uses prohibited
elsewhere in the same district.
C. After
the effective date of this Chapter, a non-conforming use of land,
premises or structure shall not be enlarged upon, expanded or extended
except as provided for herein.
D. If
a non-conforming structure or portion of a structure containing a
non-conforming use becomes physically unsafe or unlawful due to lack
of repairs and maintenance, and is declared by any duly authorized
official to be unsafe or unlawful by reason of physical condition,
it shall not thereafter be restored, repaired, or rebuilt except in
conformity with the regulations of the district in which it is located.
E. A non-conforming
use may be a permitted use within the zoning district, however, due
to the nature of the building, land configuration, or lack of parking,
etc., shall be considered a non-conforming use of land or non-conforming
use of structure.
[R.O. 2006 §405.440; CC 1985 §27-57; Ord. No. 87.28 Art. VIII §B, 10-1-1987]
A. Where,
on the effective date of adoption or amendment of this Chapter, a
lawful use of land exists that is no longer permissible under the
regulations and standards of this Chapter, such use may be continued
so long as it remains otherwise lawful subject to the following provisions:
1. No such non-conforming use of land shall be enlarged, increased,
or extended to occupy a greater area of land than was occupied on
the effective date of adoption or amendment of this Chapter.
2. No such non-conforming use of land shall be moved in whole or in
part to any other portion of the lot or tract of land occupied on
the effective date of adoption or amendment of this Chapter.
3. If any such non-conforming use of land ceases for any reason for
a period of more than thirty (30) consecutive days, any subsequent
use of such land shall conform to the regulations and standards set
by this Chapter for the district in which such land is located.
4. 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.
[R.O. 2006 §405.450; CC 1985 §27-58; Ord. No. 87.28 Art. VIII §C, 10-1-1987]
A. Where,
on the effective date of adoption or on amendment of this Chapter,
a lawful structure exists that could not be built under this Chapter
by reasons of restrictions on lot area, lot coverage, floor area ratio,
heights, yards, spacing between building, or other characteristics
of the structure or its location on the lot, such structure may be
continued so long as it remains lawful subject to the following provisions:
1. No such structure may be enlarged or altered in a way, which increases
its non-conformity. On a non-conforming structure, work may be done
in any period of twelve (12) consecutive months on ordinary repairs,
or on repair or replacement of non-bearing walls, fixtures, wiring,
or plumbing, to an extent not to exceed ten percent (10%) of the then
current replacement value of the structure, provided that the volume
of such building or the size of such structure as it existed on the
effective date of adoption or amendment of this Chapter, shall not
be increased.
2. Should such structure be destroyed by any means to an extent of more
than sixty percent (60%) of its replacement cost at the time of destruction,
it shall not be reconstructed except in conformity with the provisions
of this Chapter.
3. Should any such structure be moved for any reason for any distance
whatever, it shall thereafter conform to the regulations and standards
for the district in which it is located after it is moved.
[R.O. 2006 §405.460; CC 1985 §27-59; Ord. No. 87.28 Art. VIII §D, 10-1-1987]
A. Where,
on the effective date of adoption or amendment of this Chapter, a
lawful use of a structure, or a premises, exists that is no longer
permissible under the regulations and standards of this Chapter as
adopted or amended, such use may be continued so long as it remains
otherwise lawful subject to the following provisions:
1. 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,
extended, constructed, reconstructed, moved, or altered except in
changing the use of such building or structure to a use permitted
in the district in which it is located. On a structure devoted to
a non-conforming use, work may be done in any period of twelve (12)
consecutive months on ordinary repairs, or replacement of non-bearing
walls, fixtures, wiring, or plumbing, to an extent not to exceed ten
percent (10%) of the then current replacement value of the structure,
provided that the volume of such building or the size of such structure,
as it existed on the effective date of adoption or amendment of this
Chapter, shall not be increased.
2. Any non-conforming use may be extended throughout any parts of the
building or structure which were manifestly arranged or designed for
such use on the effective date of adoption or amendment of this Chapter,
but no such use shall be extended to occupy land outside of such building
or structure.
3. If no structural alterations are made, any non-conforming use of
a building or structure, or of any premises, may be changed to another
non-conforming use provided that the Planning Commission, 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 non-conforming use. In permitting such
changes the Planning Commission may require appropriate conditions
and safeguards in accordance with the provisions of this Chapter.
4. Any building or structure, or any premises, in or on which a non-conforming
use is superseded by a permitted use, shall thereafter conform to
the regulations and standards of the district in which such building,
structure, or premises is located, and the non-conforming use shall
not be resumed.
5. When a non-conforming use of a building or structure, or of a premises,
is discontinued or abandoned for six (6) consecutive months or for
eighteen (18) months during any three (3) year period, the building
or structure, or the premises, may not thereafter be used except in
conformance with the regulations and standards of the district in
which it is located.
6. Where non-conforming use status applies to the use of a building,
removal or destruction of the building or structure shall eliminate
the non-conforming use status. A use of a new building or structure
must be a use permitted in the district in which it located. "Destruction" for this purpose is defined as damage to an
extent of more sixty percent (60%) of the replacement cost at the
time of destruction.
[R.O. 2006 §405.470; Ord. No. 95.54 §§2 — 3, 12-7-1995; Ord. No. 98.08 §1, 4-2-1998]
A. Exceptions. After the effective date of adoption or amendment
of this Chapter, a lawful use of a structure or premises exists that
is no longer permissible under the regulations, the structure shall
not be classified as non-conforming when:
1. The structure is residential in use and the non-conforming status
of the property relates only to non-conformance with minimum side
yard setback requirement(s); and said side yard is a minimum of five
(5) feet.
2. The non-conforming status of a structure relates only to front or
rear yard requirements and an administrative exception is issued for
the structure.
B. The
Administrative Review Committee, consisting of the Zoning Administrator,
Building Official and the Public Works Director is hereby authorized
to grant administrative approval for alteration, expansion, or extension
to non-conforming structures under the following conditions:
[Ord. No. 13.57 §5, 9-19-2013]
1. The proposed alteration, expansion, or extension will not increase
or extend any part of the structure in violation of minimum yard setback
requirements.
2. The proposed alteration, expansion, or extension creates no further
or additional violation(s) of any provision of City ordinances.
3. The proposed alteration, expansion, or extension creates no compromise
or threat to the public health, safety, and general welfare.