[R.O. 2009 § 410.440; Ord. No. 782 § 1 (Zoning Regs. Art. 7 § 1), 7-31-1980]
A.
Non-conformities are of three (3) types:
non-conforming lots of record, non-conforming structures and non-conforming
uses. A definition of each type is as follows:
1.
Non-Conforming Lot Of Record. A lot
which is part of a recorded subdivision or a parcel of land, the deed
to which was recorded prior to the original adoption of zoning and/or
subdivision regulations in the City and neither said lot nor parcel
complies with the lot width or area requirement for any permitted
uses in the district in which it is located.
2.
Non-Conforming Structure. An existing
structure which does not comply with the lot coverage, height or yard
requirements which are applicable to new structures in the zoning
district in which it is located.
3.
Non-Conforming Use. An existing use
of a structure or of land which does not comply with the use regulation
applicable to new uses in the zoning district in which it is located.
[R.O. 2009 § 410.450; Ord. No. 782 § 1 (Zoning Regs. Art. 7 § 2), 7-31-1980]
A.
The Zoning Administrator may issue a building
permit for any non-conforming lot of record, provided that:
1.
Said lot is shown by a recorded plat
or deed to have been owned separately and individually from adjoining
tracts of land at a time when the creation of a lot of such size and
width at such location would not have been prohibited by any zoning
regulations;
2.
Said lot has remained in separate
and individual ownership from adjoining tracts of land continuously
during the entire time that the creation of such lot has been prohibited
by any zoning regulations; and
3.
Said lot can meet all yard regulations
for the district in which it is located.
[R.O. 2009 § 410.460; Ord. No. 782 § 1 (Zoning Regs. Art. 7 § 3), 7-31-1980]
A.
Authority To Continue. Any structure which
is devoted to a use which is permitted in the zoning district in which
it is located, but which is located on a lot which does not comply
with the applicable intensity of use regulations and/or the applicable
yard and height regulations, may be continued, so long as it remains
otherwise lawful.
B.
Enlargement — Repair — Alterations.
Any non-conforming structure may be enlarged, maintained, repaired
or remodeled; provided, however, that no such enlargement, 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. Notwithstanding the above, a porch which is covered
by a roof which extends into the front setback area may be enclosed,
but not in excess of the area covered by the existing roof.
C.
Damage Or Destruction. In the event that
any non-conforming structure is damaged or destroyed, by any means,
to the extent of more than sixty percent (60%) of its structural value,
such structure shall not be restored unless it shall thereafter conform
to the regulations for the zoning district in which it is located.
When a structure is damaged to the extent of sixty percent (60%) or
less, no repairs or restoration shall be made unless a zoning certificate
is obtained within six (6) months and restoration is actually begun
one (1) year after the date of such partial destruction and is diligently
pursued to completion.
D.
Moving. No non-conforming structure shall
be moved in whole or in part of any distance, whatever, to any other
location on the same and any other lot unless the entire structure
shall thereafter conform to the regulations of the zoning district
in which it is located after being moved.
[R.O. 2009 § 410.470; Ord. No. 782 § 1 (Zoning Regs. Art. 7 § 4), 7-31-1980]
A.
Authority To Continue. 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.
B.
Ordinary Repair And Maintenance.
1.
Normal maintenance and incidental
repair or 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.
2.
Nothing in these regulations shall
be deemed to prevent the strengthening or restoring to a safe condition
of a structure in accordance with an order of a public official who
is charged with protecting the public safety who declares such structure
to be unsafe and orders its restoration to a safe condition.
C.
Extension. A non-conforming use shall not
be extended, expanded, enlarged or increased in intensity. Such prohibited
activities shall include, without being limited to:
1.
Extension of such use to any structure
or land are other than that occupied by such non-conforming use on
the effective date of these regulations (or on the effective date
of subsequent amendments hereto that cause such use to become non-conforming).
2.
Extension of such use within a building
or other structure to any portion of the floor area that was not occupied
by such non-conforming use on the effective date of these regulations
(or on the effective date of subsequent amendments hereto that cause
such use to become non-conforming); provided, however, that such use
may be extended throughout any part of such building or other structure
that was lawfully and manifestly designed or arranged for such use
on such effective date.
D.
Enlargement. No structure that is devoted
in whole or in part to a non-conforming use shall be enlarged or added
to in any manner unless such structure and the use thereof shall thereafter
conform to the regulations of the district in which it is located.
E.
Damage Or Destruction. In the event that
any structure that is devoted in whole or in part to a non-conforming
use is damaged or destroyed, by any means, to the extent of more than
sixty percent (60%) of its structural value, such structure shall
not be restored unless structure and the use thereof shall thereafter
conform to all regulations of the zoning district in which it is located.
When such damage or destruction is sixty percent (60%) or less, no
repairs or restoration shall be made unless a zoning certificate is
obtained within six (6) months and restoration is actually begun within
one (1) year after the date of such partial destruction and is diligently
pursued to completion.
F.
Moving. No structure that is devoted in
whole in part to a non-conforming use of land shall be moved in whole
or in part for any distance whatever to any location on the same or
any other lot, unless the entire structure and the use thereof or
the use of land shall thereafter conform to all regulations of the
zoning district in which it is located after being so moved.
G.
Change In Use. If no external structural
alterations are made which will expand the area or change the dimensions
of the existing structure, any non-conforming use of a structure or
structure and premises may be changed to another non-conforming use.
In permitting such change, the Governing Body may require appropriate
conditions and safeguards to protect surrounding areas and properties.
Once such use has changed, it may no longer be returned to the original
use or any other less appropriate use.
H.
Abandonment Or Discontinuance. When a non-conforming
use is discontinued or abandoned for a period of twelve (12) consecutive
months, such use shall not thereafter be re-established or resumed
and any subsequent use or occupancy of such land shall comply with
the regulations of the zoning district in which such land is located.
I.
Non-Conforming Accessory Uses. No use that
is accessory to a principal non-conforming use shall continue after
such principal use shall cease or terminate.
J.
Non-Conforming Residential Uses. Notwithstanding
the provisions of the above, any structure which is devoted to a residential
use and which is located in a business or industrial district may
be remodeled, extended, expanded, enlarged and rebuilt; provided that
after any such remodeling, extension, expansion, enlargement or rebuilding,
such structure shall not be used to accommodate a greater number of
dwelling or lodging units than such structure accommodated prior to
any such work.
[R.O. 2009 § 410.480; Ord. No. 782 § 1 (Zoning Regs. Art. 7 § 5), 7-31-1980]
A.
Status Of Existing Special Uses. Where
a use exists at the effective date of these regulations and is permitted
by these regulations only as a special use in the zoning district
in which it is located, such use shall not be deemed to be a non-conforming
use, but shall, without further action, be deemed a lawful conforming
use in such zoning district as provided by prior approval.
B.
Status Of Future Special Uses. Any use
for which a special use permit has been issued, as provided in these
regulations, shall not be deemed to be a non-conforming use, but shall,
without further action, be deemed a lawful conforming use.
