[Ord. No. 4238 §2(604.0), 10-3-1988; Ord. No. 4269 §1, 4-17-1989; Ord. No. 4313 §4, 3-5-1990; Ord. No. 4890 §2, 3-1-2004]
A.
Scope Of Provisions. The provisions of this Section shall
apply to all non-conforming uses of land, including structures and
the use thereof. A non-conforming use is one which existed lawfully,
whether by variance or otherwise, on the date this Chapter (October
3, 1988) or any amendment thereto became effective and which, at that
time, failed to conform to one (1) or more of the applicable regulations
of this Chapter or such amendment thereto. Non-conforming uses are
incompatible with and detrimental to permitted land uses and structures
in the zoning districts in which they are situated; inhibit present
and future development of nearby properties; and confer upon their
owners and users a position of unfair advantage. The existence of
a non-conforming use shall be a question of fact which shall be decided
by the Zoning Administrator.
B.
Statement Of Intent. Non-conforming uses are not to be expanded
and they should be eliminated or reduced to conformity as quickly
as the fair interests of the parties will permit.
C.
Non-Conforming Uses May Be Continued — When. If, on
the date of adoption or amendment of this Chapter (October 3, 1988)
a lawful use of a parcel or lot, including a building or structure
and the use thereof, exists that is no longer permissible under the
provisions of this Chapter or, in the case of a building or structure,
that could not be built under the regulations of this Chapter by reason
of restrictions upon lot area, lot width, lot coverage, height, open
spaces, off-street parking, loading spaces or setback, or other characteristics,
such use may be continued so long as it remains otherwise lawful,
subject to the following provisions:
1.
Enlargement. No such non-conforming use shall be
enlarged, expanded, altered or changed so as to occupy a greater area
of land than was occupied on the date of adoption or amendment of
this Chapter and no additional accessory use, building or structure
shall be established unless the non-conformity be eliminated, except
that lawfully established residential dwellings and private garages,
which are non-conforming due only to the yard setback or minimum lot
size requirements of this Chapter, may be enlarged, expanded, extended
or altered as long as the change is otherwise permissible under this
Chapter. In no case shall a greater percentage of a residential lot
be developed with structures than is allowed for conforming lots.
A one- or two-family dwelling, which was lawfully constructed observing
a side yard setback less than that which is required under the current
zoning designation, may be expanded provided the expansion along the
non-conforming side yard follows the existing building's established
side yard setback; further, the height of the addition shall not exceed
the height of the existing building and shall have a roof line which
is compatible to the existing structure.
2.
Relocation. No such non-conforming use shall be
moved in whole or in part to any other portion of such parcel or lot
not so occupied on the date of adoption of this Chapter, or an amendment
thereto, or to a parcel or lot not in conformance with this Chapter.
A non-conforming use of a structure shall not be moved to any part
of the structure not manifestly arranged and designed for such use
and so occupied on the date of adoption of this Chapter (October 3,
1988) or an amendment thereto.
3.
Change in use not permitted. An existing non-conforming
use shall not cause further departures from this Chapter. Although
an existing non-conforming use may be continued, except as herein
limited, it may not be changed to another use except to a use permitted
in the district in which it is situated and provided it complies with
the requirements of that district.
4.
Discontinuance. Except as stated in Subsection (D), if such non-conforming use ceases for any reason for a period of more than one (1) year (except where government action causes such cessation), the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this Chapter for the district in which such parcel or lot is located.
D.
Repairs And Maintenance — When. Nothing in this Chapter shall be deemed to prohibit the restoration of any structure and its use where such structure has been destroyed by any means out of the control of the owner to an extent less than fifty percent (50%) of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation adaptable to a conforming use) at the time of destruction, provided the restoration of such structure and its use in no way increases any former non-conformity, and provided further that restoration of such structure is begun within six (6) months of such destruction and is diligently prosecuted to completion within two (2) years following such destruction. Whenever such structure has been destroyed by any means out of the control of the owner to an extent of fifty percent (50%) or more of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) at the time of destruction, as determined by the Code Enforcement Officer, or by any means within the control of the owner to any extent whatsoever, the structure shall not be restored except in full conformity with all regulations of the district in which such structure is situated. When a structure is determined to be substandard by the proper administrative official of the City of Richmond Heights under any applicable ordinance of the City and the cost of placing the structure in condition to satisfy the standards of such ordinance shall exceed fifty percent (50%) of the reconstruction cost of the entire structure, such non-conforming structure shall not be restored for the purpose of continuing a non-conforming use. However, none of the restrictions contained in this Section shall limit the authority of the Board of Adjustment to grant relief for reconstruction of a non-conforming structure, as provided in Article XII of this Chapter.
E.
Change Of Tenancy Or Ownership. There may be a change of
tenancy, ownership or management of an existing non-conforming use,
provided there is no change in the nature or character, extent or
intensity of such non-conforming use.
F.
Completion Of Pending Construction And Building Permits. To avoid undue hardships, nothing in this Chapter shall be deemed
to require a change in plans, construction or designated use of any
building to which a building permit has been issued, plans or final
subdivision plats have been approved by the Commission, or on which
actual construction was lawfully begun, and has been carried on diligently,
prior to the effective date of adoption or amendment of this Chapter.
However, all such uses, buildings and structures shall remain subject
to the provisions of this Section which limit the ability to continue
a non-conforming use.
G.
Conditional Uses. Any use existing at the time of adoption
of this Chapter and which is lawfully permitted as a conditional use
in a district under the terms of this Chapter shall be deemed a conforming
use in such district.
H.
Substandard Non-Conforming Lots Of Record. In any district
in which single-family dwellings are permitted, notwithstanding limitations
imposed by other provisions of this Chapter, a single-family dwelling
and customary accessory buildings or structures may be erected on
any 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 for area or width, or both, that are generally
applicable in the district, provided that yard dimensions and other
requirements not involving area or width, or both, of the lot shall
conform to the regulations for the district in which such lot is located.
If two (2) or more lots or combinations of lots and portions of lots
with continuous frontage in single ownership are of record at the
time of passage or amendment of this Chapter, and if all or part of
the lots do not meet the requirements for lot width and area, as established
by this Chapter, the lands involved shall be considered to be an undivided
parcel for the purpose of this Chapter and no portion of said parcel
or lot shall be used or sold which does not meet lot width and area
requirements established by this Chapter, nor shall any division of
the parcel or lot be made which leaves remaining any parcel or lot
with width or area below the requirements stated in this Chapter.
I.
Existing Unlawful Uses Not Validated. A use in violation
of a provision of the previous zoning ordinance of the City of Richmond
Heights at the time this Chapter was adopted, and not then qualifying
as a non-conforming use, shall not be validated as a non-conforming
use by the adoption of this Chapter.
J.
Joint Use Of Buildings, Structures And/Or Land. Where a
non-conforming use exists and a conforming use is proposed, the non-conforming
use must cease upon initiation of the conforming use. No joint use
of buildings, structures and/or land shall be permitted.
K.
Non-Conformity As Basis For Variance. The existence of a
non-conformity anywhere in the City shall not of itself be considered
grounds for the issuance of a variance for other property.
L.
Eventual Removal Or Correction Of Non-Conforming Use. Within five (5) years of the date of the adoption of this Chapter (October 3, 1988), or the date of adoption of any applicable amendments to this Chapter, any use which is or becomes a non-conforming use shall be brought into conformance with the standards established in Section 405.370.
