Situations may occur where a legally existing lot, structure,
or use does not conform to the requirements contained in this chapter.
The purpose of this chapter is to establish regulations governing
nonconforming lots, structures, and uses and, further, to:
A nonconforming use of land or structure which legally existed
at the time of adoption or amendment of this chapter may be continued
subject to the following provisions:
A.
Change in tenancy, ownership, or management. The tenancy, ownership
or management of a nonconforming use may be changed, provided that
the nonconforming use is not enlarged or changed to a more intensive
use.
B.
Change or substitution of use. A nonconforming use may be changed
to a conforming use or the Plan Commission may permit a nonconforming
use to be changed to a less intensive nonconforming use. Once the
change has been effected, the use shall not revert back to the prior
nonconforming use.
C.
Enlargement. A nonconforming use shall not be enlarged, increased,
or extended to occupy a greater area of land or structure than was
occupied as of the effective date of this chapter.
D.
Relocation. A nonconforming use shall not be moved in whole or in
part to any other portion of the lot or structure than was occupied
as of the effective date of this chapter.
E.
Discontinuance. A nonconforming use which has been discontinued for
a period of 12 months shall not be reestablished, and any future use
of the land or primary structure shall conform to the provisions of
this chapter.
F.
Damage or destruction. A primary structure containing a nonconforming
use which is damaged by fire, explosion, flood, accident, or other
causes to the extent of more than 50% of its equalized assessed value
shall not be restored or rebuilt except in conformance with the provisions
of this chapter. Accessory structures may be restored or rebuilt provided
the primary structure containing a nonconforming use is not damage
or destroyed as described above and provided the accessory structure
meets all aspects of the municipal Code.
G.
Establishment of nonconforming status. The burden of proof that a
legally permitted nonconforming use existed at the time of the adoption
of this chapter shall be the responsibility of the property owner.
Nonconforming structures are buildings and structures that do
not meet the setback, height, or other dimensional or density requirements
of this chapter for permitted uses in the zoning district in which
they are located. A nonconforming structure may be maintained and
repaired, subject to the provisions of this section.
A.
Repairs and maintenance. Repairs and maintenance may be made to a
nonconforming structure. Ordinary repairs and maintenance include
internal and external painting; decorating; paneling; the replacement
of doors, windows, and other nonstructural components; and the maintenance,
repair, or replacement of existing private sewage and water supply
systems or connections to public utilities. For the purpose of this
section, repairs shall include the replacement of storage tanks where
the safety of operation of the installation requires such replacement
and other replacements of or substitutions for machinery or equipment
not involving structural alterations to the building or structure.
B.
Additions or expansion. Additions or expansions may be made to a
nonconforming structure provided that such additions or expansions
do not increase the degree of nonconformity of the structure and only
in compliance with the following requirements:
(1)
All applicable setback requirements of this chapter shall be
met.
(2)
All applicable parking and loading requirements for the use
occupying the structure's addition or expansion shall be met.
(3)
The process of adding onto a legally existing nonconforming
structure shall not be used to effectuate replacement of that structure
where replacement would not otherwise be allowed under the provisions
of this chapter.
(4)
An addition may be made to a nonconforming structure only if
the legally existing structure is in sound condition.
(5)
The addition or multiple additions shall not surround or encase
the legally existing structure in such a way as to replace that structure.
C.
Relocation. A nonconforming structure may be moved in whole or in
part to any other location on the same or any other lot, only in compliance
with all of the regulations of the district in which it is to be relocated.
D.
Damage or destruction. A nonconforming structure which is damaged
by fire, explosion, flood, accident, or other causes to the extent
of more than 50% of its equalized assessed value shall not be restored
or rebuilt except in conformance with the provisions of this chapter.
A structure which is damaged by 50% or less of its equalized assessed
value may be repaired or reconstructed and used as before the time
of damage, provided that such reconstruction is started within one
year from the date of damage and diligently pursued to completion.
A lot which does not comply with lot width or lot area requirements
may nonetheless be used for a permitted use, provided that:
A.
The lot has been legally created.
B.
The lot is in separate ownership from abutting lands. If abutting
lands are under the same ownership as the nonconforming lot, the contiguous
parcels shall be replatted to meet minimum lot area and lot width
requirements.
C.
All structures comply with the setback, lot coverage, height, parking,
access, and other requirements of the district insofar as practical,
subject to the approval of the Zoning Administrator or, if appealed,
the Zoning Board of Appeals.
If a use, whether permitted, conditional, or nonconforming,
has nonconforming characteristics, including parking, lighting, noise,
and other matters, the use shall not be expanded until the nonconforming
characteristics are brought into conformance with the provisions of
this chapter.
