Auburn City Zoning Code
NONCONFORMING USES
§ 152.090 INTENT.
(A) Nonconformities are of three types: nonconforming lots of record, nonconforming structures and nonconforming uses.
(B) A definition of each type is as follows.
NONCONFORMING 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 the lot nor parcel complies with the lot width or area requirements for any permitted uses in the district in which it is located.
NONCONFORMING 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.
NONCONFORMING 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.
(Prior Code, § 11-201)
§ 152.091 LOTS OF RECORD.
The Building Inspector may issue a building permit for any nonconforming lot of record provided that:
(A) The 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 the size and width at the location would not have been prohibited by any zoning regulations;
(B) The lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of the lot has been prohibited by any zoning regulations; and
(C) The lot can meet all yard regulations for the district in which it is located.
(Prior Code, § 11-202)
§ 152.092 STRUCTURES.
(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, as long as it remains otherwise lawful.
(B) Enlargement, repair, alterations. Any nonconforming structure may be enlarged, maintained, repaired, remodeled or rebuilt; provided, however, that, no the enlargement, maintenance, repair or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of the 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 nonconforming structure is damaged or destroyed, by any means, to the extent of more than 60% of its structural value, the 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 60% or less, no repairs or restoration shall be made unless a building permit is obtained within six months, and restoration is actually begun one year after the date of the partial destruction and is diligently pursued to completion.
(D) Moving. No nonconforming structure shall be moved in whole or in part for 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.
(Prior Code, § 11-204) Penalty, see § 152.999
§ 152.093 AUTHORITY TO CONTINUE AND THE LIKE.
(A) Generally. Any lawfully existing nonconforming use of part or all of a structure or any lawfully existing nonconforming use of land, not involving a structure or only involving a structure which is accessory to the 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 nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming 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 public official who is charged with protecting the public safety who declares the structure to be unsafe and orders its restoration to a safe condition.
(C) Extension. A nonconforming use shall not be extended, expanded, enlarged or increased in intensity. The prohibited activities shall include, without being limited to, the extension of the use to any structure or land area other than that occupied by the nonconforming use on the effective date of these regulations (or on the effective date of subsequent amendments hereto that cause the use to become nonconforming).
(D) Enlargement. No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner unless the 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 commercial or industrial structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, no repairs or restoration shall be made unless a building permit is obtained within six months and restoration is actually begun within one year after the date of the partial destruction and is diligently pursued to completion. When a residential structure is damaged to the extent of 60% or more, no repairs or restoration shall be made unless the use is in conformance with these regulations.
(F) Moving. No structure that is devoted in whole or in part to a nonconforming use and no nonconforming 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 state.
(1) If no external structural alterations are made which will expand the area or change the dimensions of the existing structure, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use; provided that, the City Council after receiving a recommendation from the Planning Commission, by making findings in the specific case, shall find that the proposed use is more appropriate to the district than the existing nonconforming use.
(2) More appropriate shall mean creating less traffic, noise, glare, odor or other characteristics of the proposed use.
(3) In permitting the change, the City Council may require appropriate conditions and safeguards to protect surrounding areas and properties.
(4) Once the use has changed, it may no longer be returned to the original use or any other less appropriate use.
(H) Abandonment or discontinuance. When a nonconforming use is discontinued or abandoned, for a period of 12 consecutive months, the use shall not thereafter be re-established or resumed, and any subsequent use or occupancy of the land shall comply with the regulations of the zoning district in which the land is located.
(I) Nonconforming accessory uses. No use which is accessory to a principal nonconforming use shall continue after the principal use shall cease or terminate.
(J) Nonconforming residential uses. Any structure which is devoted to residential uses which is located in a business or industrial district, may be remodeled, extended, expanded and enlarged up to 40% of the present residential structure, but not rebuilt; provided that, after any the remodeling, the structure shall not be used to accommodate a greater number of dwelling or lodging units than the structure accommodated prior to any the work.
(K) Storage. The storage of unlicensed vehicles, trailers or salvaged or junked materials not in conformance with these regulations shall be discontinued, and the vehicles or salvaged or junked materials shall be removed within three months after the effective date of the zoning regulations.
(Prior Code, § 11-204)
§ 152.094 STATUS OF SPECIAL PERMITTED OR CONDITIONAL USES.
(A) Status of existing permitted or conditional uses. Where a use exists at the effective or passage date of these regulations and is permitted by these regulations only as a special or conditional use in the zoning district in which it is located, the use shall not be deemed to be a nonconforming use, but shall, without further action, be deemed a lawful conforming use in the zoning district, as provided by prior approval.
(B) Status of future special permitted or conditional uses. Any use for which a special or conditional use permit has been issued, as provided in these regulations, shall not be deemed to be a nonconforming use, but shall, without further action, be deemed a lawful conforming use.
(Prior Code, § 11-205)
§ 152.095 FORMER VARIANCES AS NONCONFORMITY.
Any variance from the requirements of a zoning district granted by the Board of Adjustment under the provision of any previous or existing zoning ordinance of the city shall not be considered a nonconforming use, structure or land unless the variance would not be necessary to comply with these regulations.
(Prior Code, § 11-206)