[Ord. No. 111808 §1(400-1000), 11-18-2008]
The purpose of this Section is to provide for the regulation
of non-conforming uses, buildings and structures.
[Ord. No. 111808 §1(400-1001), 11-18-2008]
Any non-conforming building, structure or use which existed
lawfully at the time of adoption of this code and which remains non-conforming
and any such building, structure or use which shall become non-conforming
upon the adoption of this code or any subsequent amendment thereto
may be continued in accordance with the regulations which follow.
[Ord. No. 111808 §1(400.1002.1 — 3), 11-18-2008]
A. Any
lawfully existing building or structure which does not conform to
the regulations of the district in which it is located shall be subject
to the provisions of this Section.
1. Repairs. Ordinary repairs may be made to a non-conforming
building or structure. Ordinary repairs shall be determined by the
Building Inspector and shall include, among other things, repairs
or improvements made by order of the Building Inspector to remedy
unsafe conditions.
2. Alterations and enlargements.
a. A non-conforming building or structure which is non-conforming only
as to height, yard, parking or loading requirements may be altered,
including structural alteration or enlargement, provided such complies
with the regulations and standards of this code.
b. A non-conforming building or structure shall not be altered or enlarged
unless such non-conforming buildings or structures and additions thereto
are made to conform with all regulations herein for the district in
which it is located.
3. Restoration after damage.
a. A non-conforming building or structure which is destroyed or damaged
by fire or other casualty or act of God may be restored to its size
and occupancy immediately prior to the damage.
b. Such restoration shall be completed within one (1) year of the date
of damage provided any time for litigation shall not be counted in
the one (1) year period. Time for litigation shall begin to run upon
the filing of a lawsuit in a court of competent jurisdiction and shall
end upon the entering of a final judgment or withdrawal of the lawsuit.
[Ord. No. 111808 §1(400-1003.1 — 3), 11-18-2008]
A. Any
lawfully existing use which does not conform to the regulations of
the district in which it is located shall be subject to the provisions
of this Section.
1. Discontinuance of non-conforming use. A non-conforming
use which is discontinued on the effective date of this code or thereafter
becomes discontinued or is not used for a continuous period of one
hundred eighty (180) days shall not thereafter be reinstated unless
such use can be made to conform to the regulations of the district
in which it is located.
2. Expansion of non-conforming use. A non-conforming
use of a part of a building or structure may be expanded within the
building or structure in which said use is presently located, but
no structural alterations shall be made unless such structural alterations
and the use thereof conform to all regulations of the district in
which the building or structure is located.
3. Change of non-conforming use. A non-conforming use
of a building or structure may be changed to a use permitted in the
district in which the building or structure is located; but no change
shall extend or otherwise modify any provision made in this Chapter
for the elimination of a non-conforming building or structure and
the use thereof.
[Ord. No. 111808 §1(400-1004), 11-18-2008]
A. The
non-conforming use of land not involving a building or structure,
or where any building or structure thereon is merely incidental or
accessory to the principal use of the land, may be continued subject
to the following provisions:
1. Expansion. A non-conforming use of land shall not
be expanded or extended beyond the area it occupies as of the effective
date of this code.
2. Discontinuance. If a non-conforming use of land
is discontinued for a period of one hundred eighty (180) consecutive
days, it shall not thereafter be renewed and subsequent use of land
shall conform to the regulations of the district in which the land
is located.
3. Change. 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.
4. Elimination. The non-conforming use of land shall
be discontinued and ceased in accordance with the following:
a. Where no buildings or structures are employed in connection with
such use, such use shall be discontinued within one (1) year from
the effective date of this code.
b. Where such use is maintained in connection with a conforming building
or structure, except for inadequate off-street parking facilities,
it may be continued for long as the premises are so used.
c. Where a non-conforming use of land is accessory to the non-conforming
use of a building or structure, such use shall be discontinued on
the same date on which the non-conforming use of the building or structure
is discontinued.
[Ord. No. 111808 §1(400-1005), 11-18-2008]
Nothing herein contained shall require any change in the plans,
construction or designated use of a building for which a building
permit has been issued and plans for which are on file with the City
Clerk prior to the effective date of this code and the construction
of which shall have been diligently executed within one (1) year of
the date of such permit and the ground story framework of which, including
the second (2nd) tier of beams, shall have been completed within such
year and which entire building shall be completed, according to such
plans as filed, within two (2) years from the effective date of this
code.