Aurora City Zoning Code
CHAPTER 1169
Nonconforming Uses, Structures, and Lots
1169.01 PURPOSE.
Within the districts established by this Zoning Code, or by supplements or amendments hereto which may later be adopted, there may be lots, uses of land, structures and uses of structures and land in combination that were lawful before this Zoning Code was passed or amended, but which now, or after the date of any such amendment, are prohibited, regulated or restricted under the provisions of this Zoning Code. The lawful use of any structure and of any land or premises existing and lawful at the time of the enactment of this Zoning Code, or of any supplement or amendment hereto, may continue although such use does not conform to the provisions of this Zoning Code or any supplement or amendment hereto.
Nevertheless, while it is the intent of this Zoning Code that such nonconformities be allowed to continue until removed, they should not be encouraged to survive. Therefore, no nonconformity may be moved, extended, altered, expanded or used as grounds for any other use or structure prohibited elsewhere in the district without the approval of the Board of Zoning Appeals, except as otherwise specifically provided in this Zoning Code.
(Ord. 2000-143. Passed 6-26-00.)
1169.02 NONCONFORMITIES GENERALLY.
(a) A lot, use or structure which becomes nonconforming through an amendment to this Code or to the Zoning Map may be continued, except as otherwise provided in this Code.
(b) The existence of a nonconforming use or structure shall not be grounds for the establishment of additional structures or uses not otherwise permitted in the district in which the nonconformity is located.
(c) A Certificate of Nonconforming Use shall be required for all lawful nonconforming uses or buildings created by adoption of this Zoning Code or amendments hereto. Application for a certificate of nonconforming use shall be filed with the Director of Planning and Zoning by the owner or lessee of the building or land occupied by the nonconforming use within one (1) year of the effective date of this Zoning Code or amendments hereto. It shall be the duty of the Director of Planning and Zoning to issue a certificate for the lawful nonconforming use but failure to apply for such certificate for a nonconforming use or refusal of the Director of Planning and Zoning to issue a certificate for the nonconforming use shall be evidence that the nonconforming use was either illegal or did not lawfully exist at the effective date of this Zoning Code. No charge shall be made for issuing a zoning certificate in accordance with this section.
(d) Conditional zoning certificates. Any use or structure which is authorized by a conditional zoning certificate under the terms of this Zoning Code shall be considered a conforming use or structure. If the Code is amended so that the use is no longer listed as a conditional use or structure, then the use shall become nonconforming.
(Ord. 2000-143. Passed 6-26-00.)
1169.03 NONCONFORMING USES.
(a) Abandonment. In the event that a nonconforming use of any or structure, or of any land or premises, is voluntarily discontinued for a period of six (6) months or more, any future use of said structure, land or premises shall be in conformity with the provisions of this Zoning Code.
(b) Substitution of Uses. A nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted type or classification, as determined by the Board of Zoning Appeals. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted or nonconforming use.
(c) Expansion of Area of Use. The nonconforming use of a lot shall not be expanded in area upon the lot, except that the nonconforming use of a building may be extended throughout those existing parts of the building which were arranged or designed for such use.
(d) Completion. Any use for which zoning approval has been issued prior to the adoption of this Code or subsequent amendments, and which, when established, would not conform to the provisions of this Code for the district in which it is located, may be established and maintained as a nonconforming use provided that the use is established within twelve (12) months after the date of approval.
(Ord. 2000-143. Passed 6-26-00.)
1169.04 NONCONFORMING LOTS.
(a) Upon any lot legally established prior to the adoption of this Code, and as it may be amended, the establishment of uses and the construction of structures conforming to the provisions of this Code shall be permitted, provided that any nonconforming lot in a residential district shall have a width at the front setback line of at least fifty (50) feet and an area of at least five thousand (5000) square feet.
(b) When a nonconforming lot can be used in conformity with all provisions of this Code applicable to the intended use, except that the lot is smaller than required for the district, then the lot may be used as proposed just as if it were conforming. However, no use which requires a greater lot size than the established minimum lot required for the district shall be permitted on a nonconforming lot.
(c) Common ownership of recorded lots. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of the passage or amendment of this Code, and if all or part of the lots do not meet the requirements for lot width and area, the lots involved shall be considered to be an undivided lot for the purpose of this Code, and no portion of such lot shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Code, nor shall any division of any lot be made which creates a lot width or area below the requirements stated in this Code.
(Ord. 2000-143. Passed 6-26-00.)
1169.05 NONCONFORMING STRUCTURES.
(a) Maintenance and Repair. Routine maintenance and repair of nonconforming structures shall be permitted. Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, on order of such official.
(b) Replacement of Damaged Structure.
(1) Principal building. Any structure which is the principal building on a lot existing on or before the effective date of this Code and which does not conform to the provisions of this Code for the district in which it is located, and which has been or may hereafter be damaged by fire or other causes to the extent of less than sixty percent (60%) of its replacement value at the time of destruction or damage, may be restored or reconstructed and used as before the time of damage, provided that such structure, when completed, will not differ in location or size from the previously existing structure and provided such repairs or reconstruction are completed within one (1) year of the date of the damage.. However, when the damage or destruction to said structure is to the extent of sixty percent (60%) or more of its replacement value at the time of destruction or damage, it shall not be restored except in conformity with the regulations of the district in which the structure is situated.
(2) Accessory structure. Any accessory structure, except a sign, existing on or before the effective date of this Code and which does not conform to the provisions of this Code for the district in which it is located, and which has been or may hereafter be damaged by fire or other causes to the extent of less than fifty percent (50%) of its replacement value at the time of destruction or damage may be restored or reconstructed and used as before the time of damage, provided that such structure, when completed, will not differ in location or size from the previously existing structure (except to the extent that such difference may be in greater conformity with this Code) and provided such repairs or reconstruction are completed within one (1) year of the date of the damage. However, when the damage or destruction to said structure is to the extent of fifty percent (50%) or more of its replacement value at the time of destruction or damage, it shall not be restored except in conformity with the regulations of the district in which the structure is situated.
(c) Completion.. Any partially completed building or structure, the actual construction of which has commenced on or before the effective date of this Zoning Code, which building or its intended use, when completed, would not conform to the provisions of this Code for the district in which it is located, may be completed and used as a nonconforming use only for the purpose for which it was originally designed, provided that the building is completed and/or put to use within two (2) years after the adoption of this Code.
(d) Alteration.. No nonconforming structure shall be moved, extended, enlarged, or altered except in a manner which decreases or eliminates its nonconformity subject to approval by the Board of Zoning Appeals.
(Ord. 2000-143. Passed 6-26-00.)
1169.06 SPECIAL PROVISIONS FOR NONCONFORMING SIGNS.
The provisions of this Section 1169.06
shall apply to nonconforming signs in addition to all other applicable provisions of this Chapter.
A sign which is nonconforming on the effective date of this Chapter and which does not conform with the regulations of this or a subsequent amendment, shall be deemed a nonconformity.
(a) Statement of Purpose. The purpose of this Chapter, in addition to providing specific standards for the design, construction and erection of every new graphic, sign, canopy and awning is to cause every graphic or other sign in violation of any provision of this Chapter to be removed, altered or replaced so as to conform with the provisions of this Chapter.
(b) Authority to Continue Existing Non-conformities. Any permanent graphic, sign, canopy or awning, as defined in this Code, other than a temporary sign, which is deemed to be a nonconformity, which was erected pursuant to a City permit and in place on the effective date of this Chapter, and which remains or becomes a nonconformity upon the adoption of this Chapter or any subsequent amendment thereto, may be continued only in accordance with the following regulations:
(1) Repairs. Ordinary repairs and nonstructural alterations may be made to a nonconforming sign. No structural alterations shall be made in, to or upon such nonconforming sign, except those required by law to make the sign conform to the regulations of this Chapter.
(2) Additions and enlargements. A nonconforming sign shall not be added to or enlarged in any manner, except to make the sign conform to the regulations of this Chapter.
(3) Moving. No nonconforming sign shall be moved in whole or in part to any other location unless such sign, and the use thereof, is made to conform to all regulations of this Chapter.
(4) Restoration of damaged nonconforming signs. A nonconforming sign which is destroyed or damaged by fire or other cause to the extent that the cost of restoration will exceed sixty percent (60%) of the original cost of such sign, shall not be restored unless it is made to conform to all the regulations of this Chapter, or any subsequent amendment thereto. In the event that such damage or destruction is less than sixty percent (60%) of the original cost of such sign, no repairs or construction shall be made unless such restoration is started within six (6) months from the date of the partial destruction and is diligently pursued to completion.
(5) Discontinuance of use of nonconforming signs. A nonconforming sign, the use of which is discontinued for a period of thirty (30) days, shall thereafter conform to the regulations of this Chapter.
(6) Change the use of nonconforming signs. Where the business, use or identity associated with the nonconforming sign at the time of the adoption of this Chapter, thereafter terminates or changes, such termination or change of use shall require termination of the nonconforming sign, and the use of such sign shall thereafter conform to the regulations of this Chapter.
(7) Conformance Date. All graphics, signs, marquees, canopies and awnings rendered nonconforming by the provisions of this Chapter and permitted to continue shall be removed, altered or remodeled to conform to the provisions of this Chapter no later than September 1, 2002.
(8) When a structure and/or use is nonconforming and the signage restrictions for the Zoning District in which it is located would cause hardship, the regulations of the Zoning District most compatible with the current and/or proposed use shall be used.
(Ord. 2000-143. Passed 6-26-00.)