Alliance City Zoning Code
CHAPTER 1140
Nonconformities
1140.01 NONCONFORMING LOTS OF RECORD.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Ordinance, notwithstanding limitations imposed by other provisions of this Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variances from requirements listed in this Ordinance other than lot area or lot width shall be obtained only through action of the Board as provided in this Ordinance.
1140.02 NONCONFORMING LOTS OF RECORD IN COMBINATION.
If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Ordinance, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Ordinance.
1140.03 NONCONFORMING BUILDINGS.
Any lawful nonconforming building or structure may be continued and maintained, provided there is no physical change than necessary maintenance and repair of such building or structure except as permitted hereinafter.
1140.04 NONCONFORMING USES.
Any lawful nonconforming use of land may be continued, provided that such use of land shall not be expanded or extended either on the same or adjoining property.
1140.05 RESTORATION OF DAMAGED BUILDING.
A nonconforming building or structure having been damaged or partially destroyed by fire or other calamity to an extent not exceeding 60 percent of the assessed valuation, exclusive of foundations, at that time, may be restored and its immediately previous occupancy or use, existing at the time of such partial destruction, may be continued or resumed; provided the work of restoration is commenced within one year of the date of such partial destruction and is diligently carried on to completion. Whenever a nonconforming building or structure is damaged in excess of 60 percent of its assessed valuation, exclusive of foundations, at that time, the repair or reconstruction of such building shall conform to all of the regulations of the district in which it is located and it shall be treated as a new building.
1140.06 CHANGE OF USE.
Any part of a building, structure, or land occupied by a nonconforming use may be changed to a use of the same or a more restricted classification (subject to such permits as may be required for proposed use); but where the use of a nonconforming building, structure, or land is hereafter changed to a more restricted classification, it shall not thereafter be changed to a use of less restricted classification.
1140.07 ABANDONED NONCONFORMING USES.
In the event that a nonconforming use of land or use of building is discontinued or abandoned, for a period of one year or more, the use of the same shall conform thereafter to the uses permitted in the district in which it is located. The Board shall have the authority to extend this period by not more than two years, for a total of three years, based upon a showing by the property owner of extraordinary circumstances, including but not limited to the pendency of any bankruptcy, foreclosure, other probate proceeding or other judicial proceeding directly relating to the property.
1140.08 CHANGE OF TENANCY OR OWNERSHIP.
There may be a change of tenancy or ownership or management of an existing lawful nonconforming use, provided there is no change in the nature or character of such nonconforming use.
1140.09 COMPLETION OF PENDING CONSTRUCTION.
The adoption of this Ordinance shall not limit the construction of any building for which a valid site plan approval exists and/or for which a permit had been obtained and on which work had commenced and had been carried on continuously.
1140.10 EXPANSION PROHIBITED.
A nonconforming use of a portion of a building or structure, which building or structure otherwise conforms to the provisions of this Ordinance, shall not be expanded or extended into any other portion of such conforming building or structure, nor changed except to a conforming use. If the nonconforming use or portion thereof is discontinued or changed to a conforming use, any future use of such building, structure or portion thereof shall be in conformity to the regulations of the district in which such building or structure is located.
1140.11 REMOVAL OF NONCONFORMING USE, BUILDING OR STRUCTURE.
The Commission may, from time to time, recommend to the Council the acquisition of such private property as does not conform in use or structure to the regulations and restrictions of the various districts defined in this Ordinance and to recommend the removal of such use or structure in accordance with applicable laws and statutes.
1140.12 NONCONFORMING USES DUE TO RECLASSIFICATION.
The foregoing provisions shall also apply to uses which hereafter become nonconforming due to any reclassification of districts or zones under this Ordinance.
1140.13 RECORD OF NONCONFORMING USES.
Immediately after the effective date of this Ordinance or any amendments thereto, the City should prepare a record of nonconforming uses and occupations of lands, buildings, and structures, including tents and trailer coaches, existing at the time of such Ordinance or amendment. Such record should contain the names and addresses of the owners of such nonconforming use and of any occupant, other than the owner, the legal description of the land and the nature and extent of use. This is not meant to be an exhaustive list of all nonconformities in the City, but only those of which the Commission is aware. The Commission should review the record and make such recommendations to the Council as it deems advisable with reference to these nonconforming uses. The record of nonconforming uses and recommendations of the Commission should be filed in the office of the Clerk of Council and record should constitute prima facie evidence of the number, character, and extent of the nonconformities at the time this Ordinance or any amendment thereto becomes effective. The record of nonconforming uses should be reviewed and revised annually as the Commission shall prescribe.