[Ord. No. 2480, 5-8-2023]
A.
Non-conformities are of three (3) types: non-conforming lots of record,
non-conforming structures, and non-conforming uses.
B.
NON-CONFORMING LOT OF RECORD
NON-CONFORMING STRUCTURE
NON-CONFORMING USE
A definition of each type is as follows:
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.
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.
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.
[Ord. No. 2480, 5-8-2023]
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; and
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.
[Ord. No. 2480, 5-8-2023]
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 nonconformity 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 of any distance whatever to any other location on the same and
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.
[Ord. No. 2480, 5-8-2023]
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 these Regulations 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
these Regulations (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 these Regulations (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 Aldermen 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 twelve (12) consecutive months, such
use shall not thereafter be re-established 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.
[Ord. No. 2480, 5-8-2023]
Where a use exists at the effective date of these Regulations
and is permitted by these Regulations 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.
