Brighton City Zoning Code
NONCONFORMITIES
§ 155.090 PURPOSE.
The requirements imposed by this chapter are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various residential, commercial, and industrial districts. Lots, structures, and uses of land or structures that do not conform to the requirements of the district in which they are located impede appropriate development. For example, nonconformities are frequently responsible for heavy traffic on residential streets, the over-taxing of parking facilities, the emission of noxious fumes or excessive noise, and/or the lowering of property values. The regulations in this subchapter are intended to alleviate such existing/potential problems by encouraging the gradual elimination of nonconformities.
(Prior Code, § 10-6-1) (Ord. passed 4-19-1999)
§ 155.091 NONCONFORMING LOTS.
(A) Vacant lots. Any vacant lot that does not conform to one or more of the lot size requirements of the district in which it is located may be used in the manner indicated at divisions (B) and (C) below if it:
(1) Is of record on the date of the adoption or amendment of this chapter;
(2) Has continuously remained in separate ownership from abutting tracts of land throughout the entire period during which the creation of such lot was prohibited by the applicable zoning code or other ordinances; and
(3) Is at least 30 feet wide.
(B) Residential. On any existing nonconforming lot located in any district, any permitted structures may be erected, provided all the bulk and setback regulations of the particular district are observed. If the bulk and setback regulations cannot be met, then a variance provided for in § 155.146 must be obtained.
(C) Other districts. On any existing nonconforming lot located in the commercial or industrial districts, any structure permitted in the particular district may be erected if the bulk and setback requirements of that district are met. If the bulk and setback regulations cannot be met, then a variance provided for in § 155.146 must be obtained.
(D) Two or more lots in common ownership. If two or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the date of the enactment or amendment of this chapter, and if one or more of those lots do not meet the minimum lot width, depth, and area requirements of the district in which they are located, the land involved shall be considered an undivided parcel for the purposes of this chapter. No portion of any such parcel shall be developed except in compliance with this chapter, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this chapter.
(Prior Code, § 10-6-2) (Ord. passed 4-19-1999) Penalty, see § 155.999
§ 155.092 NONCONFORMING STRUCTURES.
Any lawful structure which exists on the date of the enactment or amendment of this chapter, but which could not be erected under the terms of this chapter because of restrictions on lot size, height, setbacks, lot coverage, or other characteristics of the structure, or its location on the lot, may lawfully remain, subject to the following provisions.
(A) Enlargement; alterations. No such structure shall be enlarged or altered in any way which increases its nonconformity.
(B) Relocation. No such structure shall be relocated unless, after relocation, it will conform to all the regulations of the district in which it is located.
(C) Reconstruction. Any structure (residential, commercial, or industrial) destroyed or damaged may be reconstructed, provided it meets the following regulations.
(1) The new structure shall not exceed the square footage of the original structure.
(2) The setback requirements of the new structure shall not be less than the setback of the original structure.
(3) Construction of the new structure must begin within one year from the date the damage or destruction occurred.
(Prior Code, § 10-6-3) (Ord. passed 4-19-1999) Penalty, see § 155.999
§ 155.093 NONCONFORMING USES OCCUPYING STRUCTURES.
If any lawful use occupying a structure exists on the date of the enactment or amendment of this chapter, but would not be allowed under the terms of this chapter, such a use may lawfully continue, subject to the following provisions.
(A) Maintenance. Any structure housing a nonconforming use may be maintained through ordinary repairs.
(B) Enlargement, alteration, reconstruction, or relocation. No structure housing a nonconforming use shall be enlarged, structurally altered, reconstructed, or relocated unless the use of the structure is changed to a permitted use.
(C) Extension of use. No nonconforming use may be extended to any part(s) of the structure not intended or designed to be devoted to such use, nor shall the nonconforming use be extended to occupy any land outside such structure.
(D) Change of use. A nonconforming use occupying a structure shall not be changed except to a use permitted under the applicable district regulations.
(E) Discontinuance of use. When a nonconforming use of a structure, or of a structure and premises in combination, is discontinued for 12 consecutive months or for 18 months during any three-year period, the nonconforming use shall not thereafter be resumed. Any discontinuance caused by government action and without any contributing fault by the nonconforming user shall not be counted in calculating the length of discontinuance.
(Prior Code, § 10-6-4) (Ord. passed 4-19-1999) Penalty, see § 155.999
§ 155.094 NONCONFORMING USE OF LAND.
Any lawful use of land existing on the date of the adoption or amendment of this chapter that would not be permitted under the terms of this chapter may lawfully continue, subject to the following provisions.
(A) Intensification or extension of use. A nonconforming use of land shall not be intensified, or extended to occupy a greater area of land than was occupied by such use on the date of the adoption or amendment of this chapter.
(B) Relocation. No nonconforming use of land shall be moved, in whole or in part, unless, upon relocation, such use will conform to all pertinent regulations of the district in which it will be located.
(C) Change of use. A nonconforming use of land shall not be changed except to a use that is permitted under the applicable district regulations.
(D) Discontinuance. When a nonconforming use of land is discontinued for a period of 12 consecutive months, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the owner or operator shall not be counted in calculating the length of discontinuance.
(Prior Code, § 10-6-5) (Ord. passed 4-19-1999) Penalty, see § 155.999
§ 155.095 OPEN LAND, NONCONFORMING USE.
A nonconforming use not enclosed in a building or structure, or one in which the use of the land is a use exercised principally out-of-doors and outside of a building or structure, shall, after three years from the date of notification, become a prohibited and unlawful use and shall be discontinued.
(Prior Code, § 10-6-6) (Ord. passed 4-19-1999) Penalty, see § 155.999
§ 155.096 NONCONFORMITIES UNDER PERMIT AUTHORITY.
The regulations of this subchapter shall not apply to any change in an existing structure or to any change in the use of structure or of land for which a permit was issued prior to the enactment of this chapter or any pertinent amendment thereto, provided that the work authorized by such permit is carried out and completed with diligence.
(Prior Code, § 10-6-7) (Ord. passed 4-19-1999)