[R.O. 1996 § 405.270; Ord. No. 338 Art. VIII § A, 11-14-1991]
A. Nothing contained in this Article shall
require any change in the plans, construction, or designated use of
a building for which the building footings are in place at the time
of the passage of this Chapter, November 14, 1991.
B. It is the intent of this Chapter to permit
these non-conformities to continue until they are removed (except
as otherwise herein provided), but not to encourage their survival.
Such non-conformities are declared by this Chapter to be incompatible
with the permitted structures and uses of land and structures in the
district involved. It is further the intent of this Chapter that such
non-conformities shall not be enlarged upon, expanded, or extended
except as provided for herein, nor to be used as grounds for adding
other structures or uses prohibited elsewhere in the same district.
C. A non-conforming use of land, premises,
or structure shall not be enlarged upon, expanded or extended after
the effective date of this Chapter.
D. If a non-conforming structure or portion
of a structure containing a non-conforming use becomes physically
unsafe or unlawful due to lack of repairs and maintenance, and is
declared by a duly authorized official to be unsafe or unlawful by
reason of physical condition, it shall not thereafter be restored,
repaired, or rebuilt except in conformity with the regulations of
the district in which it is located.
E. A non-conforming use or a non-conforming
building or structure which is non-conforming only because of failure
to provide required off-street parking spaces or loading berths shall
have all the rights of a conforming use or structure.
[R.O. 1996 § 405.280; Ord. No. 338 Art. VIII § B, 11-14-1991]
A. Where, on the effective date of adoption
or amendment of this Chapter, a lawful use of land exists that is
no longer permissible under the regulations and standards of this
Chapter as adopted, or amended, such use may be continued so long
as it remains otherwise lawful subject to the following provisions:
1.
No such non-conforming use of land
shall be enlarged, increased, or extended to occupy a greater area
of land than was occupied on the effective date of adoption or amendment
of this Chapter.
2.
No such non-conforming use of land
shall be moved in whole or in part to any other portion of the lot
or tract of land occupied on the effective date of adoption or amendment
of this Chapter.
3.
If any such non-conforming use of
land ceases for any reason for a period of more than thirty (30) consecutive
days, any subsequent use of such land shall conform to the regulations
and standards set by this Chapter for the district in which such land
is located.
4.
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.
[R.O. 1996 § 405.290; Ord. No. 338 Art. VIII § C, 11-14-1991; Ord. No. 404 § 1, 7-13-1995]
A. Where, on the effective date of adoption
or amendment of this Chapter, a lawful structure exists that could
not be built under the regulations and standards of this Chapter as
adopted or amended, by reasons of restrictions on lot area, lot coverage,
floor area ratio, heights, yards, spacing between buildings, or other
characteristics of the structure or its location on the lot, such
structure may continue so long as it remains lawful subject to the
following provisions:
1.
No such structure may be enlarged
or altered in a way which increases its non-conformity. On a non-conformity
structure, work may be done in any period of twelve (12) consecutive
months on ordinary repairs, or on repair or replacement of non-bearing
walls, fixtures, wiring, or plumbing, to an extent not to exceed ten
percent (10%) of the then current replacement value of the structure,
provided that the volume of such building or the size of such structure
as it existed at the effective date of adoption, or amendment of this
Chapter shall not be increased.
2.
In case of owner-occupied structures, should such structure be destroyed by any means to an extent of more than sixty percent (60%) of its replacement cost at the time of destruction, it shall be reconstructed only so long as it meets the dimensional requirements outlined in Section
405.160 of this Chapter.
3.
Should any such structure be moved
for any reason for any distance whatever, it shall thereafter conform
to the regulations and standards for the district in which it is located
after it is moved.
4.
Original owner of a mobile home on
private property may upgrade with a new mobile home if they occupy
said dwelling, subject to the recommendation of the Planning and Zoning
Commission and approval of the Board of Aldermen.
[R.O. 1996 § 405.300; Ord. No. 338 Art. VIII § D, 11-14-1991]
A. Where, on the effective date of adoption,
or amendment, of this Chapter, a lawful use of a structure, on a premises,
exists that is no longer permissible under the regulations and standards
of this Chapter as adopted or amended, such use may be continued so
long as it remains otherwise lawful subject to the following provisions:
1.
No existing building or structure
devoted to a use not permitted by this Chapter in the district in
which it is located shall be enlarged, extended, constructed, reconstructed,
moved, or altered except in changing the use of such building or structure
to a use permitted in the district in which it is located. On a structure
devoted to a non-conforming use, work may be done in any period of
twelve (12) consecutive months on ordinary repairs, or replacement
of non-bearing walls, fixtures, wiring, or plumbing, to an extent
not to exceed ten percent (10%) of the current replacement value of
the structure, provided that the volume of such building or the size
of such structure as it existed at the effective date of adoption,
or amendment, of this Chapter shall not be increased.
2.
Any non-conforming use may be extended
throughout any parts of the building or structure which were manifestly
arranged or designed for such use at the effective date of adoption,
or amendment, of this Chapter, but no such use shall be extended to
occupy land outside of such building or structure.
3.
If no structural alterations are
made, any non-conforming use of a building or structure, or of any
premises, may be changed to another non-conforming use upon approval
by the Board of Aldermen provided that the Planning and Zoning Commission,
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 recommending
such change for the approval of the Board of Aldermen, the Planning
and Zoning Commission may require appropriate conditions and safeguards
in accord with the provisions of this Chapter.
4.
Any building or structure, or any
premises, in or on which a non-conforming use is superseded by a permitted
use, shall thereafter conform to the regulations and standards of
the district in which such building, structure, or premises is located,
and the non-conforming use shall not be resumed.
5.
When a non-conforming use of a building
or structure or of a premises, is discontinued or abandoned for six
(6) consecutive months or for eighteen (18) months during any three-year
period, the building or structure, or the premises, may not thereafter
be used except in conformance with the regulations and standards of
the district in which it is located.
6.
Where non-conforming use status applies
to the use of a building, removal or destruction of the building or
structure, shall eliminate the non-conforming use status. Any use
of a new building or structure must be a use permitted in the district
in which it is located. "Destruction" for this purpose is defined
as a damage to an extent of more than sixty percent (60%) of the replacement
cost at the time of destruction.