Center City City Zoning Code
CHAPTER 204
NONCONFORMING LOTS, STRUCTURES, AND USES
§ 204.01 PURPOSE.
It is the purpose of this chapter to provide for the regulation of nonconforming lots, structures, and uses and to specify those requirements, circumstances, and conditions under which nonconforming lots, structures, and uses will be operated and maintained. This title establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures, and uses not be permitted to continue without restriction. Furthermore, it is the intent of this chapter that all nonconforming lots, structures, and uses shall be eventually brought into conformity.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 204.02 NONCONFORMING LOTS.
(A) No lot of record shall be reduced in size below the district requirements of this title.
(B) A lot of record shall be deemed buildable even though the lot area and/or dimensions are less than those required for the district provided the following conditions are met:
(1) Evidence is provided that the lot in question met minimum requirements for the division of property under ordinance regulations in effect at the time the property was divided.
(2) It has frontage on a public street.
(3) The lot is at least 60% of the minimum lot area and lot width required as specified in the applicable district and other provisions of this title are complied with.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 204.03 NONCONFORMING STRUCTURES OR USES.
Nonconforming structures or uses may be continued subject to the following limitations and such further regulations as the City Council may require for securing the purposes of this title.
(A) A nonconforming use of land or structure shall not be enlarged or increased in size or land area, nor shall such nonconforming use be moved to any part of the parcel of land upon which the same was not conducted prior to the adoption of this title.
(B) A nonconforming use shall not be changed unless the changed to a conforming or more conforming use. Such use shall not thereafter be changed to a nonconforming use.
(C) If any existing nonconforming use of building or land is discontinued for a period of one year it cannot be resumed.
(D) If a structure occupied by a legal nonconforming use or a legal nonconforming structure is destroyed by fire or other peril to the extent that repair or replacement costs exceeds 50% of the assessors estimated market value of the structure and no building permit has been applied for within 180 days of when the structure is damaged, the structure shall not be replaced or repaired except in conformity with this title. In the event of a building permit to replace or repair such a building is applied for within 180 days of when the structure is damaged, the city may impose reasonable conditions on a building permit issued thereto to mitigate any newly created impact on adjacent property.
(E) Alterations may be made to a residential building containing nonconforming residential unit when alterations will improve the livability of the unit provided the number of dwelling unit in the building is not increased.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 204.04 STRUCTURAL CHANGES.
No existing structure devoted to a nonconforming use shall be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of the structure to a conforming use.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 204.05 MAINTENANCE.
Maintenance of a building or other structure containing or used for a nonconforming use will be permitted when it includes necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming building or use.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 204.06 RESTORATION AND ALTERATIONS REQUIRED BY LAW FOR THE BENEFIT OF HEALTH, SAFETY, AND WELFARE.
(A) Nothing in this title shall prevent the strengthening, restoration, or alteration of a structure or building maintained for a nonconforming use when such action is required by:
(1) Americans With Disabilities Act of 1990 (ADA) or it amendments;
(2) Occupational Safety and Health Act (OSHA) or it amendments; or
(3) Any other state or federal law which requires changes based on health, safety, or welfare.
(B) This title shall not prevent such strengthening, restoration, or alterations even if the building is enlarged so long as the purpose of the restoration, strengthening, or alteration is required by ADA, OSHA, or other state or federal law dealing with health, safety, and welfare. Proof of such requirement shall be provided by the applicant.
(Ord. 2011-06-07A, passed 6-7-2011)