[Ord. No. 303 §§1 —
2, 2-26-2001]
Within the City, certain existing lots, structures and uses
of land which were lawful prior to the adoption or amendment of this
Zoning Code are prohibited under the terms of this Chapter. This Article
is intended to declare non-conformities to be incompatible with the
permitted uses in each district; to permit non-conformities to continue
until they are removed; and to prohibit non-conformities from being
expanded, enlarged or increased in intensity.
[Ord. No. 303 §§1 —
2, 2-26-2001]
Notwithstanding anything in this Chapter
405, otherwise conforming structures may be built on lots of record that were made non-conforming by this Chapter as to size, width or area; provided however, that such structures shall conform to setbacks and other regulations not involving size, area or width of the lot.
[Ord. No. 303 §§1 —
2, 2-26-2001]
A. Authority To Continue. Any non-conforming structure, except
for a structure located in the setbacks and which is devoted to a
use which is permitted in the zoning district in which it is located,
may be continued so long as it remains otherwise lawful, subject to
the restrictions in Subsections (1) through (4) hereof.
1. Repair, alterations. Any such structure described
in the paragraph above may be maintained, repaired or remodeled; provided
however, that no such maintenance, repair or remodeling shall either
create any additional non-conformity or increase the degree of existing
non-conformity with all or any part of such structure. Nothing in
this Zoning Code 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 this Section).
2. 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 damaged, or becomes extensively deteriorated,
or is destroyed by any means to an extent equaling greater than fifty
percent (50%) of its then current 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. However, such structure may be restored
if the Board of Adjustment finds a compelling public necessity requiring
the continuance of the non-conformity. When a structure, the use of
which does not conform to the provisions of this Chapter, is damaged,
or becomes extensively deteriorated, or is destroyed by any means
to an extent of more than twenty-five percent (25%) but less than
fifty percent (50%) of its then current fair market value, it may
only be restored on the issuance of a permit by the Zoning Administrator
with the approval of the Board of Aldermen. If such damage is twenty-five
percent (25%) or less of its fair market value, then restoration may
be made as otherwise provided by all applicable ordinances of the
City.
3. Extension within building only. Any non-conforming
use may be extended throughout any parts of a non-conforming structure
which were manifestly arranged or descended for such use at the effective
date of this Zoning Code, or any amendments thereto, but no such use
shall be extended to occupy land outside of such building or structure.
4. Moving. No structure described in this Section shall
be moved in whole or in part for any distance whatever to any other
location on the same or any other lot unless the entire structure
shall thereafter conform to the provisions of the zoning district
in which it is located after being moved.
[Ord. No. 303 §§1 —
2, 2-26-2001]
A. Authority To Continue. Any lawfully existing non-conforming use of part or all of a structure or any lawfully existing non-conforming use of land, not involving a structure or only involving a structure which is accessory to such use of land, may be continued, so long as otherwise lawful, subject to the provisions contained in Subsections
(B) through
(I) hereof.
B. Ordinary Repair And Maintenance.
1. The normal maintenance and repair or the 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 a non-conforming use. Neither this nor any
other provision of this Chapter shall be interpreted to authorize
any increase in the size or degree of the non-conforming use or any
violation of the provisions of any other Subsections of the Section.
2. Nothing in this Zoning Code 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
405.380).
C. Major Rehabilitation Or Structural Alterations. A structure
devoted in whole or in part to a non- conforming use shall not be
renovated, remodeled or rehabilitated to an extent equaling greater
than fifty percent (50%) of its fair market value prior to such renovation,
remodeling or rehabilitation, nor shall the structural system of the
building be altered, unless the entire structure and use of the structure
shall thereafter conform to all provisions of this Zoning Code and
of the zoning district in which the use is located.
D. Extension. A non-conforming use shall not be extended, expanded,
enlarged or increased in intensity or area.
E. 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 damaged, or becomes extensively deteriorated, or is destroyed
by any means to an extent equaling greater than fifty percent (50%)
of its then current 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. However, such structure may be restored
if the Board of Adjustment finds a compelling public necessity requiring
the continuance of the non-conformity. When a structure, the use of
which does not conform to the provisions of this Chapter, is damaged,
or becomes extensively deteriorated, or is destroyed by any means
to an extent of more than twenty-five percent (25%) but less than
fifty percent (50%) of its fair market value, it may only be restored
on the issuance of a permit by the Zoning Administrator with the approval
of the Board of Aldermen. If such damage is twenty-five percent (25%)
or less of its fair market value, then restoration may be made as
otherwise provided by all applicable ordinances of the City.
F. Moving. No structure that is devoted in whole or in part
to a non-conforming use shall be moved in whole or in part for any
distance whatever, to any other location 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.
G. 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.
H. Abandonment Or Discontinuance. In the event that the non-conforming
use of any building or premises is discontinued for a period of six
(6) months, regardless of any reservation of an intent not to abandon
or to resume such use, any subsequent use or occupancy of such structures
shall comply with provisions of this Zoning Code including those of
the zoning district in which the structure is located.
I. Non-Conforming Accessory Uses. No use which is accessory
to a principal non-conforming use shall continue after such principal
use shall cease or terminate.
[Ord. No. 303 §§1 —
2, 2-26-2001]
A. In
addition to the provisions of this Chapter regulating setbacks, the
following regulations shall apply to those non-conformities located
within prescribed setback lines.
1. Projection of existing structures into required setbacks. No structure shall be constructed, reconstructed or structurally
altered in such a manner as to project into the area prescribed as
a setback as established by this Chapter.
2. The lawful use of any building (and specifically excluding signs,
billboards, or other structures which are not buildings), all or part
of which may otherwise be in violation of this Chapter, may be continued,
provided that no structural alterations shall thereafter be made on
the portion of the non-conforming building located within the prescribed
setback lines. New buildings to replace destroyed or removed non-conforming
buildings shall conform to the provisions of this Article.
3. Removal of signs and other material. Any advertising sign, billboard or structure other than a building or any stored material within the prescribed setback from the right-of-way of a public or approved private street or highway shall be removed within two (2) years from the effective date of this Chapter, February 22, 1996, or any amendments hereto. Signs, billboards and other structures located within setbacks not involving the right-of-way of a public or approved private street or highway shall be governed by the provisions of Section
405.380 (Non-Conforming Structures).