Battlefield City Zoning Code
ARTICLE VII
Non-Conforming Uses, Lots And Buildings
Section 400.500 Purpose.
[R.O. 2017 § 400.500; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
Under the regulations established by this Chapter, there are existing buildings and uses that could not be built, but that were lawful when built or established under prior City ordinances and regulations. The City recognizes the legitimate interests of those who have lawfully established structures or uses that are non-conforming by permitting such non-conformities to be continued. However, non-conformities do adversely affect the orderly development, maintenance, use and value of other property within their vicinity. It is therefore necessary to establish restrictions that are intended to prevent the expansion of such non-conforming buildings and uses and to encourage the eventual conversion of such buildings and uses to conforming buildings and uses.
Section 400.510 Non-Conforming Lots Of Record.
[R.O. 2017 § 400.510; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
In The "R-LD," "R-1," "R-2" And "R-4" Residence Districts.
1.
Notwithstanding the regulations imposed by any other provision of this Chapter, a single-family detached dwelling that complies with the restrictions of Section 400.510(B) may be erected on a lot of record that is not less than twenty (20) feet in width and that consists entirely of a tract of land that:
a.
Has less than the prescribed minimum lot area, width or depth or all three (3);
b.
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 ordinance; and
c.
Has remained in separate and individual ownership from adjoining tracts of land during the entire time that the creation of such lot has been prohibited by any zoning ordinance.
2.
Construction permitted by Section 400.510(A)(1) shall comply with all of the regulations (except lot area, width and depth) applicable to single-family dwellings in the zoning district in which the lot in question is located, provided that the following side yard requirements shall apply in place of the side yard requirements otherwise applicable.
B.
In Other Zoning Districts.
1.
In any district other than those listed in Section 400.510(A)(1), notwithstanding the regulations imposed by any other provision of this Chapter, a building designed for any permitted use may be erected on a lot of record of the type described in Section 400.510(A)(1).
2.
Construction permitted by Section 400.510(B)(1) shall comply with all of the regulations (except lot area, width and depth) applicable in the zoning district in which the lot in question is located; provided, however, that if the zoning district requires a minimum lot width, the width of any side yard need not be greater than that determined by the following formula (where the width of any side yard required = X):
X | = | Minimum Side Yard Required by District Regulations | |
Actual Lot Width | Minimum Lot Width Required by District Regulations |
Section 400.520 Non-Conforming Buildings And Structures.
[R.O. 2017 § 400.520; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Authority To Continue. Any building or structure which is devoted to a use which is permitted in the zoning district in which it is located but which does not comply with the applicable bulk regulations, or which is located on a lot which does not comply with the applicable lot size requirements, may be continued so long as it remains otherwise lawful, subject to the restrictions of Sections 400.520(B) through 400.520(D).
B.
Maintenance, Repair, Remodeling And Structural Alterations. Any non-conforming building or structure may be maintained, repaired, remodeled or structurally altered, provided that any such maintenance, repair, remodeling or structural alteration shall conform to all requirements of the zoning district in which the building or structure is located and shall not increase the non-conformity of the existing building or structure.
C.
Expansions Or Enlargement. A non-conforming building or structure shall not be added to or enlarged in any manner unless such additions or enlargements are made to conform to all the requirements of the zoning district in which the building or structure is located and does not increase the non-conformity of the building or structure. For buildings located on a lot that does not comply with the applicable lot size requirements of the zoning district, the side yard requirements shall be determined by Section 400.510(A)(2) or Section 400.510(B)(2), whichever is applicable.
D.
Damage Or Destruction. In the event that any non-conforming building or structure described in Section 400.520(A) is damaged or partially destroyed, by any means, to the extent of more than seventy-five percent (75%) of the replacement cost of the building or structure at the time such damage occurred, such building or structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located. Structures located on a lot that does not comply with the applicable lot size requirements shall not be required to provide a side yard that exceeds the yard requirements in Section 400.510(A)(2) or Section 400.510(B)(2), whichever is applicable.
E.
Moving. No building or structure described in Section 400.520(A) shall be moved in whole or part for any distance whatever to any other location on the same or any other lot unless the entire building or structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.
Section 400.530 Non-Conforming Uses.
[R.O. 2017 § 400.530; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Authority To Continue. Any lawful existing non-conforming use of part or all of a building or structure or any lawfully existing non-conforming use of land, not involving a building or structure or only involving a building or structure which is accessory to such use of land, may be continued, so long as it is otherwise lawful, subject to the provisions of Sections 400.530(B) through 400.530(G).
B.
Repairs And Maintenance.
1.
Normal maintenance and incidental repair, replacement, installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing may be performed on any building or structure that is devoted in whole or in part to a non-conforming use; provided, however, that this Section shall not be deemed to authorize any violation of Sections 400.530(C) through 400.530(F) of this Article.
2.
Notwithstanding the provisions of Section 400.520(D), nothing in this Chapter 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 and who declares such structure to be unsafe and orders its restoration to a safe condition, where such restoration will not be in violation of Section 400.530(D) of this Article.
C.
Remodeling. No building or structure that is devoted in whole or in part to a non-conforming use shall be remodeled, if structural alteration is required, unless the entire building or structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located.
D.
Enlargement. No building or 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 building or structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.
E.
Extension. A non-conforming use shall not be extended, expanded, enlarged or increased in intensity; provided, however, that the extension of a lawful use to any portion of a lawfully existing non-conforming building or structure shall not be deemed the extension of such non-conforming use.
F.
Change In Use.
1.
When no structural alterations are made in any building or structure devoted to a non-conforming use, the use of the building or structure may change from one use to another use permitted in the zoning district in which the non-conforming use is allowed, provided that the uses are similar to one another and the proposed use is not more intense in terms of activity, traffic generation and impacts on surrounding property. No building in which a non-conforming use has been changed to a more restrictive use shall again be devoted to a less restrictive use.
2.
At such time as any non-conforming use changes to a conforming use allowed in the zoning district in which the property is located, it shall not thereafter be changed backed to a non-conforming use.
G.
Abandonment Or Discontinuance. When a non-conforming use of land or of a building or structure is discontinued or abandoned for a period of twelve (12) consecutive months, such use shall not thereafter be reestablished or resumed and any subsequent use or occupancy of such land, building or structure shall comply with the regulations of the zoning district in which it is located.
H.
Non-Conforming Accessory Uses. No use which is accessory to a principal non-conforming use shall continue after such principal use ceases or terminates.
Section 400.540 Unlawful Use Not Authorized.
[R.O. 2017 § 400.540; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
Nothing in this Chapter shall be interpreted as authority for or approval of a continuance of the use of a structure or building in violation of any City regulations in effect at the time of the effective date of this Chapter.
Section 400.550 Changes In Districts Or Regulations.
[R.O. 2017 § 400.550; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
Whenever the boundaries of a zoning district are changed so as to transfer an area from one zoning district classification to a different zoning district classification or boundaries or districts are changed as a result of annexation of new territory or changes are made in the regulations or restrictions of the zoning regulations, the provisions of this Chapter shall also apply to any uses existing therein which may become non-conforming.