[R.O. 1997 §400.680; Ord. No. 1088 §2, 12-9-1991]
Non-conformities are of three (3) types: non-conforming lots
of record, non-conforming structures, and non-conforming uses. A definition
of each type is as follows:
NON-CONFORMING LOT OF RECORD
A lot which is part of a recorded subdivision or a parcel
of land, the deed to which was recorded prior to the original adoption
of zoning and/or subdivision regulations in the City, and neither
said lot nor parcel complies with the lot width or area requirement
for any permitted uses in the district in which it is located.
NON-CONFORMING STRUCTURE
An existing structure which does not comply with the lot
coverage, height or yard requirements which are applicable to new
structures in the zoning district in which it is located.
NON-CONFORMING USE
An existing use of a structure or of land which does not
comply with the use regulation applicable to new uses in the zoning
district in which it is located.
[R.O. 1997 §400.690; Ord. No. 1088 §2, 12-9-1991]
A. The Zoning Administrator may issue a building permit for any non-conforming
lot of record, provided that:
1.
Said lot is shown by a recorded plat or deed to have been owned
separately and individually from adjoining tracts of land at a time
when the creation of a lot of such size and width at such location
would not have been prohibited by any zoning regulations;
2.
Said lot has remained in separate and individual ownership from
adjoining tracts of land continuously during the entire time that
the creation of such lot has been prohibited by any zoning regulations;
and
3.
Said lot can meet all yard regulations for the district in which
it is located.
[R.O. 1997 §400.700; Ord. No. 1088 §2, 12-9-1991]
A. Authority To Continue. Any structure which is devoted
to a use which is permitted in the zoning district in which it is
located, but which is located on a lot which does not comply with
the applicable intensity of use regulations and/or the applicable
yard and height regulations, may be continued, so long as it remains
otherwise lawful.
B. Enlargement, Repair, Alterations. Any non-conforming
structure may be enlarged, maintained, repaired or remodeled; provided,
however, that no such enlargement, maintenance, repair or remodeling
shall either create any additional non-conformity or increase the
degree of existing nonconformity of all or any part of such structure.
Notwithstanding the above, a porch which is covered by a roof which
extends into the front setback area may be enclosed, but not in excess
of the area covered by the existing roof.
C. Damage Or Destruction. In the event that any non-conforming
structure is damaged or destroyed by any means to the extent of more
than sixty percent (60%) of its structural value, such structure shall
not be restored unless it shall thereafter conform to the regulations
for the zoning district in which it is located. When a structure is
damaged to the extent of sixty percent (60%) or less, no repairs or
restoration shall be made unless a zoning certificate is obtained
within six (6) months, and restoration is actually begun one (1) year
after the date of such partial destruction and is diligently pursued
to completion.
D. Moving. No non-conforming structure shall be moved
in whole or in part any distance whatever to any other location on
the same or any other lot, unless the entire structure shall thereafter
conform to the regulations of the zoning district in which it is located
after being moved.
[R.O. 1997 §400.710; Ord. No. 1088 §2, 12-9-1991; Ord. No. 1128 §§6 — 7, 9-13-1993]
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 or land, may be continued, so long
as otherwise lawful.
B. Ordinary Repair And Maintenance.
1.
Normal maintenance and incidental 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 a non-conforming use.
2.
Nothing in this Chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of a structure in accordance with
an order of a public official who is charged with protecting the public
safety who declares such structure to be unsafe and orders its restoration
to a safe condition.
C. Extension. A non-conforming use shall not be extended,
expanded, enlarged, or increased in intensity. Such prohibited activities
shall include, without being limited to:
1.
Extension of such use to any structure or land are other than
that occupied by such non-conforming use on the effective date of
this Chapter (or on the effective date of subsequent amendments hereto
that cause such use to become non-conforming).
2.
Extension of such use within a building or other structure to
any portion of the floor area that was not occupied by such non-conforming
use on the effective date of this Chapter (or on the effective date
of subsequent amendments hereto that cause such use to become non-conforming);
provided, however, that such use may be extended throughout any part
of such building or other structure that was lawfully and manifestly
designed or arranged for such use on such effective date.
D. Enlargement. No structure that is devoted in whole
or in part to a non-conforming use shall be enlarged or added to in
any manner unless such structure and the use thereof shall thereafter
conform to the regulations of the district in which it is located.
E. Damage Or Destruction. In the event that any structure
that is devoted in whole or in part to a non-conforming use is damaged
or destroyed by any means to the extent of more than sixty percent
(60%) of its structural value, such structure shall not be restored
unless structure and the use thereof shall thereafter conform to all
regulations of the zoning district in which it is located. When such
damage or destruction is sixty percent (60%) or less, no repairs or
restoration shall be made unless an occupancy certificate is obtained
within six (6) months, and restoration is actually begun within one
(1) year after the date of such partial destruction and is diligently
pursued to completion.
F. Moving. No structure that is devoted in whole or
in part to a non-conforming use of land shall be moved in whole or
in part for any distance whatever to any location on the same or any
other lot, unless the entire structure and the use thereof or the
use of land shall thereafter conform to all regulations of the zoning
district in which it is located after being so moved.
G. Change In Use. If no external structural alterations
are made which will expand the area or change the dimensions of the
existing structure, any non-conforming use of a structure, or structure
and premises, may be changed to another non-conforming use upon approval
of a special use permit. In permitting such change, the Board of Alderman
may require appropriate conditions and safeguards to protect surrounding
areas and properties, and to ensure that the new use is no less appropriate
than the original use.
H. Abandonment Or Discontinuance. When a non-conforming
use is discontinued or abandoned for a period of sixty (60) consecutive
days, such use shall not thereafter be reestablished or resumed, and
any subsequent use or occupancy of such land shall comply with the
regulations of the zoning district in which such land 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.
J. Non-Conforming Residential Uses. Notwithstanding
the provisions of the above, any structure which is devoted to a residential
use and which is located in a business or industrial district may
be remodeled, extended, expanded, enlarged, and rebuilt; provided
that after any such remodeling, extension, expansion, enlargement,
or rebuilding, such structure shall not be used to accommodate a greater
number of dwelling or lodging units than such structure accommodated
prior to any such work.
K. Inoperable Vehicles. The storage of inoperable vehicles
shall be discontinued, and said inoperable vehicles shall be removed
within twelve (12) months after the effective date of the Zoning Regulation.
[R.O. 1997 §400.720; Ord. No. 1088 §2, 12-9-1991]
Where a use exists at the effective date of this Chapter and
is permitted by this Chapter only as a special use in the zoning district
in which it is located, such use shall not be deemed to be a non-
conforming use, but shall, without further action, be deemed a lawful
conforming use in such zoning district, as provided by prior approval.