[Ord. No. 2327 §1, 3-18-2003]
A.
Non-Conformity.
1.
A non-conforming lot, land use or structure is one which existed
lawfully, whether by variance or otherwise, on the effective date
of this Chapter or any amendment thereto and which fails to conform
to one (1) or more of the applicable regulations of this Chapter or
any amendment thereto. A non-conformity shall not be deemed to have
existed on the date this Chapter or any amendment thereto becomes
effective, unless:
2.
Such non-conformities may be incompatible with and detrimental to
permitted land uses and structures in the zoning districts in which
they are situated; they may inhibit present and future development
of nearby properties in accordance with the Comprehensive Plan and
they confer upon their owners and users a position of unfair advantage.
B.
Statement Of Intent. Non-conformities are not to be expanded
and they should be abolished or minimized as quickly as the fair interest
of the parties will permit.
C.
Non-Conforming Lots. Conforming structures with permitted
uses may be built on lots of record that were made non-conforming
by this Chapter as to dimensions or area; provided however, that such
structures shall conform as to setbacks and all other regulations
of this Chapter which do not relate to area or dimensions of the lot
provided that:
1.
Except as further required by Section 400.235 (parking and loading requirements), existing impervious surface on any non-conforming lot used for any use other than residential use shall not be expanded or enlarged either:
a.
By more than five thousand (5,000) square feet, or
b.
By more than ten percent (10%) of its lot coverage existing on the
date of passage of this Chapter or any amendments hereto, whichever
is less, unless it shall thereafter comply with all requirements of
this Chapter including, but not limited to, off-street parking and
loading, landscaping, stormwater and erosion control, floor area ratio
and other applicable provisions.
2.
Where multiple development plan requests for a single project have been submitted and/or approved over any period of time after the effective date of this Chapter where potential impacts exceed criteria in Subsection (A)(2) above or together may create a substantial impact, the City shall require any new development plan application to include the elimination of all site-related non-conformities.
D.
Non-Conforming Uses And Structures.
1.
Authority to continue. Any lawfully existing non-conforming use of part or all of a structure or only involving a structure which is accessory to such use of land and any non-conforming structure which is devoted to an otherwise permitted use may be continued, so long as such use or structure remains otherwise lawful, subject to the provisions contained in this Section 400.270.
2.
Ordinary repair and maintenance.
a.
The normal maintenance and 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 the non-conforming use or on any structure
which is non-conforming. Neither this nor any other provision of this
Chapter shall be interpreted to authorize:
b.
Nothing in this Chapter shall be deemed to prevent the strengthening or restoring of a structure to a safe condition 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 (where such restoration will not be in violation of Section 400.270(D)(3)).
3.
Major rehabilitation or structural alterations. A
non-conforming structure or structures devoted in whole or in part
to a non-conforming use shall not be extensively renovated, remodeled,
rehabilitated nor shall the structural systems of the building be
altered unless the entire structure and use of the structure shall
thereafter conform to all provisions of this Chapter and of the zoning
district in which the use is located.
4.
Extension. A non-conforming structure or use shall
not be extended, expanded or enlarged or intensified.
5.
Damage, decay, destruction. In the event that any
non-conforming structure or any structure devoted in whole or in part
to a non-conforming use is extensively damaged or becomes extensively
deteriorated or is destroyed by any means to an extent equaling greater
than fifty percent (50%) of its fair market value, such structure
shall not be restored except in conformity with all applicable provisions
of this Chapter including the regulations of the zoning district in
which the building is situated.
6.
Moving. No non-conforming structure or structure
that is devoted in whole or in part to a non-conforming use shall
be moved in the whole or in part for any distance whatsoever to any
location in the City of Pacific on the same or any other lot unless
the entire structure and use thereof shall thereafter conform to all
provisions of the zoning district in which it is located after being
so moved.
7.
Change in use. A non-conforming use shall not be
changed to any use other than a use permitted in the zoning district
in which the use is located. When a non-conforming use has been changed
to any permitted use, it shall not thereafter be changed back to a
non-conforming use.
8.
Non-conforming accessory uses. No use which is accessory
to a principal non-conforming use shall continue after such principal
non-conforming use shall cease or terminate.
E.
Abandonment Of Non-Conforming Uses.
1.
Any non-conforming use which has been abandoned shall not thereafter
be re-established. Any structure or land or structure and land in
combination, which was formerly devoted to a non-conforming use which
has been abandoned, shall not again be devoted to any use other than
those uses which are permitted in the district in which the structure
or land or structure and land in combination is situated.
2.
The term "abandonment", as used herein, shall mean
the voluntary discontinuance of a use when accompanied by an intent
not to re-establish such use. Any one (1) of the following shall constitute
prima facie evidence of intent to abandon:
a.
Any positive act indicating such intent;
b.
Any conscious failure to take all necessary steps to resume the non-conforming
use with reasonable dispatch under the circumstances, including advertising
the property for sale or for lease;
c.
In the case of a structure or of a structure and land in combination,
discontinuance of the non-conforming use for ninety (90) consecutive
days; or
d.
In the case of land only, discontinuance of the non-conforming use
for ninety (90) consecutive days or for an aggregate of six (6) months
during any one (1) year period.