[R.O. 2011 §400.940; Ord. No. 2006-170 §1, 12-19-2006]
A.
Purpose. The purpose of this Article is to establish regulations
that govern uses, structures, lots and other current circumstances
that existed legally prior to the effective date or amendment of this
Chapter, but that do not conform to all of the applicable requirements
of this Chapter. Such instances shall be considered legal non-conformities.
B.
Policy. It is the general policy of the City to allow legal
non-conformities to continue to exist, but to bring as many aspects
of such situation into conformance with this Chapter as is reasonably
practicable. It is the intent of the City to recognize the interests
of the property owner in continuing to use the property, but to prohibit
the expansion of the non-conformity and to prohibit re-establishment
of abandoned uses and to prohibit re-establishment of buildings and
structures that have been substantially destroyed.
C.
Authority To Continue. Legal non-conformities shall be allowed
to continue in accordance with the regulations of this Article.
D.
Determination Of Legal Non-Conforming Status. The burden
of establishing that a non-conformity legally exists is to the property
owner and not the City.
E.
Repair And Maintenance. Repairs and normal maintenance required
to keep non-conforming structures in a safe condition shall be permitted,
provided that no alterations shall be made except those allowed by
this Article or required by law.
F.
Change Of Tenancy Or Ownership. Changes of tenancy, ownership
or management of an existing non-conformity shall be permitted, provided
there is no change in the nature or character, extent or intensity
of such non-conformity.
[R.O. 2011 §400.950; Ord. No. 2006-170 §1, 12-19-2006]
A.
Legal
non-conforming uses shall be subject to the following standards.
1.
Expansion. A legal non-conforming use shall not
be expanded or enlarged to occupy a greater area of land or floor
area than was occupied prior to the effective date or amendment of
this Chapter and no additional accessory use, building or structure
shall be established on the site of a legal non-conforming use. This
provision notwithstanding, uses may be extended throughout any part
of a building or other structure that was legally and manifestly designed
or arranged for such use prior to the effective date or amendment
of this Chapter.
2.
Relocation. A legal non-conforming use shall not
be moved in whole or part to any other portion of such parcel or to
another lot unless the use will be in conformance with the regulations
of the zoning district into which it is moved.
3.
Change of use. A legal non-conforming use may be
changed to a new use, provided the new use shall be of the same general
character or of a character less intensive (and thus more closely
conforming) than the existing legal non-conforming use. The Director
of Community Development shall make the initial determination of whether
a proposed use is of the same general character or of a character
less intensive than the existing use with an appeal to the Board of
Zoning Adjustment. A legal non-conforming use may not thereafter be
changed back to a less conforming use than it was changed from.
[Ord. No. 1671, 7-16-2019]
4.
Discontinuance and abandonment. If a legal non-conforming
use ceases for any reason for a period of six (6) consecutive months,
it shall not thereafter be resumed and the subsequent use of the land
shall conform to the regulations of the zoning district that such
land is located.
5.
Residential uses. Any structure that is devoted
to a legal non-conforming residential use, provided there are not
more than four (4) dwelling units, may be reconstructed to its former
condition, dimensions and location on the lot, provided the destruction
was caused by an accident or act of nature and the reconstruction
does not increase the degree of non-conformity that existed prior
to the destruction. Reconstruction must commence within one (1) year
of destruction. If such reconstruction does not commence within the
stated time frame, the non-conformity shall be considered abandoned
and the subsequent use of the land shall conform to the regulations
of the zoning district that such land is located.
6.
Sale of used motor vehicles. Any person or firm
who obtained a special use permit prior to the effective date of this
Chapter to allow the sale of used motor vehicles in the "C-1" District
may continue to operate the business as a legal non-conforming use.
However the special use permit shall be revoked if any of the following
occur:
a.
The special use permit expires.
b.
The person or firm is in violation of this Chapter or any condition
of the special use permit approval.
c.
The permit holder becomes deceased provided that the executor or
administrator of the estate of a deceased permit holder may continue
the business under the order of an appropriate court for not longer
than six (6) months after the death of the permit holder.
[R.O. 2011 §400.960; Ord. No. 2006-170 §1, 12-19-2006]
A.
Legal
non-conforming structures shall be subject to the following standards.
1.
Expansion. A legal non-conforming structure shall
not be expanded, enlarged or extended.
2.
Relocation. A legal non-conforming structure shall
not be moved in whole or part to any other portion of such parcel
or to another lot unless the movement or relocation will bring the
structure into compliance with all applicable zoning district regulations.
3.
Damage or destruction.
a.
In the event that any legal non-conforming structure is damaged or
destroyed, by any means, to the extent of more than fifty percent
(50%) of its structural value prior to such destruction, such structure
shall not be restored unless it shall conform with all regulations
of the zoning district that it is located.
b.
When such damage or destruction is fifty percent (50%) or less, the
legal non-conforming structure may be restored, provided a building
permit is obtained within six (6) months from the time of such damage
or destruction and restoration is completed within one (1) year after
the date the building permit was issued. The time limit may be extended
at the discretion of the Director of Community Development.
[Ord. No. 1671, 7-16-2019]
4.
Existing building permits. Nothing in this Chapter
shall be deemed to require a change in the plans, construction or
designated use of any building for which a building permit has been
issued and plans for which are on file with the City prior to the
effective date or amendment of this Chapter.
[R.O. 2011 §400.970; Ord. No. 2006-170 §1, 12-19-2006]
A.
Legal
non-conforming lots shall be subject to the following standards.
1.
A legal non-conforming lot shall not be used or sold in a manner
that would increase its degree of non-conformity.
2.
A structure may be constructed on any single legal non-conforming
lot, provided that all other requirements of the zoning district within
which the lot is located are complied with and all appropriate permits
are obtained prior to any construction activity.
[R.O. 2011 §400.980; Ord. No. 2006-170 §1, 12-19-2006]
A.
Applicability. The types of other legal non-conformities
that this Section applies to include, but are not limited to:
B.
Expansion Or Change Of Use. Where an expansion, addition
or change of use is proposed, the entire lot shall be brought into
conformance with current requirements of this Chapter as to fences,
landscaping and buffering, off-street parking and other non-use and
non-property dimension standards.
[R.O. 2011 §400.990; Ord. No. 2006-170 §1, 12-19-2006]
When lot area or setbacks are reduced as a result of conveyance
to a Federal, State or local government for a public purpose and the
remaining area is at least seventy-five percent (75%) of the required
minimum standard for the district that it is located, then such lot
shall be deemed to be in compliance with the minimum lot size and
setback standards of this Chapter without resort to the Board of Zoning
Adjustment.
