Centerburg City Zoning Code
CHAPTER 1121
Nonconformities
1121.01 PURPOSE.
Within the districts established by this code, some lots, structures, uses of lands or structures, or combinations thereof may exist which were lawful prior to the effective date or amendment of this code, but that are prohibited, regulated, or restricted under the terms of this code. The legitimate interests of those who lawfully established these nonconformities are herein recognized by providing for the continuance of such uses, subject to regulations limiting their completion, restoration, reconstruction, extension, and/or substitution. Nevertheless, while it is the intent of this code that such nonconformities be allowed to continue until removed, they should not be encouraged to survive, unless otherwise allowed in this chapter or specifically addressed in this code. This chapter has the further purposes for nonconformities:
(a) To permit their continuance but control nonconformities so as to minimize any adverse effect on the adjoining properties and development;
(b) To regulate their maintenance and repair;
(c) To restrict their rebuilding if substantially destroyed;
(d) To require their permanent discontinuance if not operated for certain periods of time; and
(e) To require conformity if they are discontinued, and to bring about eventual conformity in accordance with the objectives of the Village's adopted plans and this code.
(Ord. 2023-16. Passed 6-5-23.)
1121.02 GENERAL PROVISIONS.
(a) Any structure, land, or use of land or a structure that existed at the time of the effective date of this code and that was legally established under a previous code amendment or versions, may be continued even if such use, building, structure, or use of land does not conform to the provisions of this code.
(b) An applicant for any review procedure (e.g., zoning certificate approval, site plan review, variance, etc.) that involves a nonconformity shall bear the burden of proof in demonstrating that the use, building, or structure, or combination thereof, is a legal nonconformity.
(c) Passage of this code in no way legalizes any illegal uses existing at the time of its adoption.
(d) Nonconformities and Variances.
(1) Whenever any nonconformity has been changed so that the use, structure, or condition conforms to the requirements of this code, such use, structure, or condition shall no longer be defined as a nonconformity, nor shall the property or structure be returned to the former nonconformity.
(2) When a property owner or authorized agent is granted a variance for a nonconformity that addresses the nonconformity, the structure or lot shall no longer be considered nonconforming. In no case shall the resolved nonconformity be expanded or altered to create further nonconformities.
(3) If a property owner or authorized agent is granted a variance for a nonconformity that addresses some nonconformities but additional nonconformities continue, the structure or condition that remains a nonconformity shall still be subject to the provisions of this chapter.
(Ord. 2023-16. Passed 6-5-23.)
1121.03 NONCONFORMING USES.
Where, at the time of adoption of this code, lawful uses of land or structures exist that would not be permitted by the regulations of this code, the uses may be continued so long as they remain otherwise lawful and provided:
(a) No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land or structure than was occupied at the effective date of adoption or amendment of this code.
(b) No such nonconforming use shall be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this code.
(c) No additional structures shall be constructed on a lot with a nonconforming use unless such new structure complies with the requirements of this code and the applicable zoning district.
(d) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.
(e) Change or Substitution of Nonconforming Use.
(1) If no structural alterations are made that increase the nonconformity, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted use, as determined by the Planning Commission. Such determination shall be made at a public hearing held in the same manner as an appeal (See Section 1103.14.), including notice, but the appeals review considerations of Section 1103.14(e) shall not apply. At the hearing, the Planning Commission shall make a determination if the proposed use, which must be a permitted use in the applicable zoning district, is similar in nature and intensity, or is a more restricted use, allowable as a change or substitution under this section.
(2) Whenever a nonconforming use is changed to a less intensive nonconforming use in accordance with this code, such use shall not thereafter be changed to a more intensive nonconforming use.
(3) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the applicable zoning district in which such structure is located, and the nonconforming use may not thereafter be resumed.
(f) Termination of Nonconforming Uses.
(1) Termination of Use through Discontinuance.
A. When any nonconforming use is discontinued or abandoned upon a lot in the Village for more than six (6) months, or a total of eighteen (18) months in any three (3)-year time period, any new use shall conform to the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed. The intent to continue a nonconforming use shall not be evidence of its continuance.
B. There may be cases when a structure, or structure and premises in combination, may not be converted to a conforming use because of the original architecture, floor plan, construction, and design (e.g., townhouses in a single-family residentially zoned area). In these cases, the Planning Commission may determine that the nonconforming use may continue if the nonconforming use is the original use of the structure and/or premises. Appropriate safeguards, conditions and design standards may be required by the Planning Commission so as to minimize the impact of such continuance on the area.
(2) Termination of Use by Damage or Destruction.
A. If a building containing a nonconforming residential use, in any district, is damaged or destroyed to any extent, such structure and use may be reestablished on the same lot provided the structure and use meet the same size in height and footprint, as well as complying with the same setbacks as previously existed.
B. If any building containing a nonconforming use, other than a residential use, is damaged, but not to an extent greater than fifty percent (50%) of the principal structure's reconstruction value, such structure and use may be reestablished on the same lot to the same size and intensity of use as was previously existing immediately prior to the damage. Such reestablishment of the use shall require the issuance of a zoning certificate, which must be issued within six months of the damage or the use shall not be reestablished.
C. If any building containing a nonconforming use, other than a residential use, is damaged beyond fifty percent (50%) of the principal structure's reconstruction value, such structure and use may only be reestablished in accordance with this code.
D. Determination of the reconstruction value shall be made by three (3) practicing building construction contractors, one to be appointed by the owner, one to be appointed by the Village and the third to be selected by the mutual consent of the two parties.
(Ord. 2023-16. Passed 6-5-23.)
1121.04 NONCONFORMING STRUCTURES AND SITES.
A nonconforming structure or site may continue to be used or occupied by a use permitted in the applicable zoning district so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
(a) Any nonconforming structure or site may be enlarged, maintained, repaired, or altered provided, however, no such enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any part of such structure or site, unless otherwise specified in this code.
(b) A nonconforming structure shall not be relocated in whole or in part to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the applicable zoning district after being relocated.
(c) The principal use of a nonconforming building may be changed to any other use permitted in the applicable zoning district as long as the new use complies with all regulations of this code specified for such use, except the regulations to which the building did not conform prior to the change in use.
(d) Where a government entity acquires a portion of a lot for a public purpose that results in reduction in a required yard or building setback below that required in the applicable zoning district, such government entity shall be required to file a variance, on behalf of the affected property owner, to formally allow for such reduction.
(e) Damage or Destruction of a Nonconforming Structure Containing a Conforming Use.
(1) If a nonconforming structure is damaged, but not to an extent greater than fifty percent (50%) of the structure's reconstruction value, such structure and use may be reestablished on the same lot to the same size and intensity of use as was previously existing immediately prior to the damage. Such reestablishment of the use shall require the issuance of a building permit within six (6) months of the initial damage. If an owner rebuilds a legally nonconforming structure under this provision, they may expand the structure provided any expansion or change does not increase the nonconformity that existed prior to the damage.
(2) If a nonconforming structure is damaged beyond fifty percent (50%) of the structure's reconstruction value, such structure shall only be rebuilt in compliance with the requirements of this code. Such reconstruction shall require the application and issuance of all necessary zoning and building permits.
(3) If the owner voluntarily removes a nonconforming structure, or reduces the nonconformity of a nonconforming structure that has not been damaged or destroyed, that owner shall not be permitted to rebuild the structure to the original height, size, or setback.
(4) The determination of the reconstruction value shall be made in the same manner as established in Section 1121.03(f)(1)B.
(Ord. 2023-16. Passed 6-5-23.)
1121.05 NONCONFORMING LOTS OF RECORD.
A lot of record which does not comply with the lot or yard regulations of the district in which it is located on the effective date of this code or any amendment thereto which made it nonconforming, may be used as follows:
(a) If occupied by a building, such building may be maintained, repaired or altered. However, the building may not be enlarged in floor area unless the such enlargement complies with the applicable front, side, and rear yard setbacks of the applicable zoning district.
(b) If vacant, the lot may be used provided that:
(1) No adjoining vacant lot or parcel of land was owned by the same owner on the effective date of this code;
(2) Not owning adjoining land, other vacant land adjoining the lot cannot be equitably acquired; and
(3) All other regulations of this code, except the lot area and lot width regulations, shall be complied with.
(Ord. 2023-16. Passed 6-5-23.)
1121.06 NONCONFORMING SIGNS.
1121.07 NONCONFORMING FENCES AND LANDSCAPING WALLS.
See Section 1111.03 for the regulation of nonconforming fences and landscaping walls.
(Ord. 2023-16. Passed 6-5-23.)
1121.08 REPAIR AND MAINTENANCE.
(a) On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding sixty percent (60%) of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be provided that the footprint and height of the structure as it existed, when it became nonconforming, shall not be increased unless in accordance with this chapter. The value of such work shall be determined in the same manner as established in Section 1121.03(f)(1)B.
(b) Nothing in this section shall be deemed to prevent the strengthening or restoring to safe condition of any building, or part thereof, declared to be unsafe by any official charged with protecting the public safety, including, but not limited to the Zoning Administrator or building inspector, upon order of such official. Where appropriate, a building permit for such activities shall be required.
(Ord. 2023-16. Passed 6-5-23.)