[R.O. 1994 § 405.630; Ord. No.
94-8 Art. 8 § 1, 5-10-1994]
A.
Non-conformities are of three (3) types: non-conforming lots of record,
non-conforming structures and non-conforming uses. The definition
of each type is as follows:
1.
Non-Conforming Lot Of Record. An unimproved lot which is part
of a recorded subdivision or a parcel of land, the deed to which was
recorded prior to the adoption of these regulations and neither said
lot nor parcel complies with the lot width or area requirements for
any permitted use in the district in which it is located.
2.
Non-Conforming Structure. An existing structure which does not
comply with the 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 regulations applicable to new uses
in the zoning district in which it is located.
[R.O. 1994 § 405.640; Ord. No.
94-8 Art. 8 § 2, 5-10-1994; Ord. No. 2002-14 § 1, 6-25-2002]
A.
The Zoning Administrator shall 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, and
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 the applicable zoning
regulations, and
3.
Said lot can meet all yard regulations for the district in which
it is located, and
4.
Said lot can be served by municipal sewerage disposal or can
meet minimum standards for on-site sewage treatment, as required by
the County Health Office, should the City determine that the lot cannot
be served by the municipal disposal system.
[R.O. 1994 § 405.650; Ord. No.
94-8 Art. 8 § 3, 5-10-1994]
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 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,
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; provided further,
existing mobile home parks not meeting the requirements of this Article
shall be declared non-conforming and shall not be permitted to add
spaces or make any improvements inconsistent with the terms and conditions
of this Article.
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
fifty percent (50%) of its appraised 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 fifty percent (50%) or less, no repairs or
restoration shall be made unless a building permit is obtained and
restoration is actually begun within 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 for any distance whatever to any other location on the same or
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. 1994 § 405.660; Ord. No.
94-8 Art. 8 § 4, 5-10-1994; Ord. No. 2002-14 § 1, 6-25-2002]
A.
Authority To Continue. Any lawfully existing non-conforming use or
part or all of a structure or any lawfully existing non-conforming
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 and 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 area 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 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
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 fifty percent (50%) of its
appraised value, such structure shall not be restored unless such
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 fifty percent (50%) or less, no repairs or restoration
shall be made unless a building permit is obtained 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 or in part to a non-conforming
use and no conforming use of land 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 and the use thereof or the
use of land shall thereafter conform to all regulations of the zoning
districts in which it is located after being so moved.
G.
Change In Use. If no structural alterations are made, any non-conforming
use of a structure or structure and premises may as a special use
be changed to another non-conforming use provided that the Board of
Adjustment, 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 change, the Board of Adjustment may require appropriate
conditions and safeguards in accordance with this Chapter. Once a
change is made to a more appropriate use, the use shall not be returned
to the original use or a 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 which is accessory to a principal
non-conforming use shall continue after such principal use shall cease
or terminate.
J.
Non-Conforming Residential Uses. Any structure which is devoted to
a residential use and which is located in a business or industrial
district may be remodeled, extended, expanded and enlarged; provided
that after any such remodeling, expansion or enlargement, 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. 1994 § 405.670; Ord. No.
94-8 Art. 8 § 5, 5-10-1994]
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. Such special use shall not be enlarged or expanded unless a special use application is approved as set out in Article X of these regulations.
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.
