[Amended 3-5-1980 by Ord. No. 80-1; 3-1-1989 by Ord. No. 89-5; 8-5-1992 by Ord. No. 92-8; 7-1-1998 by Ord. No. 98-10;6-6-2012 by Ord. No.
2012-03; 6-5-2013 by Ord. No. 2013-15; 5-1-2024 by Ord. No. 2024-02]
A.
Any use, building or lot that was lawfully established prior to,
and has been made nonconforming as of, the effective date or subsequent
amendment of this chapter, may continue so long as the nonconformity
remains otherwise lawful and complies with this section. Any rights
conferred upon a nonconformity run with the property and are not affected
by changes in tenancy or ownership.
B.
The burden of establishing the prior existence of a nonconformity
is on the property owner or applicant. When applying for any permit
or approval related to a nonconformity, the applicant may be required
to submit evidence of a prior permit or other documentation showing
that the nonconformity existed prior to the date on which it became
nonconforming.
C.
When the boundaries of a district are changed to transfer a lot from
one district to another district with different regulations, or when
the use or area regulations of a district are changed, the provisions
of this article shall apply to any nonconforming uses or structures
created.
A.
A nonconforming use may not be expanded in area or increased in intensity,
except by means of a use variance granted by the Board of Zoning Appeals.
B.
The structure containing the nonconforming use may be altered only
if the alterations constitute ordinary repairs or maintenance or are
designed to eliminate a nonconformity.
C.
A nonconforming use may only be changed to a use permitted in the
district in which it is located. Once changed to a conforming use,
no building or lot shall be permitted to revert to a nonconforming
use.
(1)
A change of use is deemed to occur when an existing nonconforming
use has been terminated and another use has commenced.
D.
Should the nonconforming use cease to operate for a period of 12
successive months or more, the right to operate the nonconforming
use shall be terminated.
E.
When a structure containing a nonconforming use is damaged or destroyed
by fire or other cause of damage that is not within the control of
the owner, the nonconforming use may be reestablished provided that
no new nonconformities are created and the previous nonconformity
is not exacerbated. A building permit for repairs or reconstruction
must be granted within one year of the date of damage or destruction.
In the event that a building permit is not obtained within one year
of said date, the nonconforming use may not be reestablished.
A.
A nonconforming building or structure may be altered in the following
circumstances:
(1)
The alteration is required by law or is necessary to restore the
structure to a safe condition upon the order of any official of the
City of Ithaca.
(2)
The alteration constitutes routine repair or maintenance or is designed
to eliminate a nonconformity.
(3)
The alteration conforms to the provisions of this chapter and does
not exacerbate the existing deficiency or create a new nonconformity.
(4)
The alteration exacerbates an existing deficiency or creates a new
nonconformity and has been granted a zoning permit by the Director
of Planning and Development or an area variance by the Board of Zoning
Appeals.
B.
When a nonconforming building or structure that is used in its entirety
for a conforming use is damaged by fire or other cause of damage that
is not within the control of the owner, it may be rebuilt or reconstructed
to its previous condition. A building permit for repairs or reconstruction
must be granted within one year of the date of damage or destruction.
In the event that a building permit is not obtained within one year
of said date, the structure must be repaired or rebuilt in conformance
with all applicable requirements of this chapter.
A.
The Director may issue a zoning permit for specific deficiencies
on existing nonconforming buildings, structures, or lots. Zoning permits
shall be available for the following area deficiencies:
(1)
Lateral or vertical extension of an existing yard deficiency.
(2)
Setback deficiencies for replacement accessory structures under 500
square feet.
(3)
Yard setback and/or lot coverage by building deficiencies resulting
from accessibility improvements on nonconforming structures or uses.
(4)
New or exacerbated side or rear yard deficiencies where at least
50% of the yard is provided.
(5)
Exacerbated lot coverage by buildings deficiencies where total lot
coverage is increased by 5% or less over existing conditions.
(6)
New lot coverage by buildings deficiencies on existing structures
where total lot coverage does not exceed the district maximum regulation
by more than 5%.
(7)
Temporary area deficiencies that will remain for less than 30 days.
B.
The Board of Zoning Appeals must review area variance requests for
the following area deficiencies:
