Dalworthington Gardens
City Zoning Code
City Zoning Code
Division 12
Nonconforming Uses 1
§ 14.02.531 Intent.
(a)
Within the districts established by this article, or amendments hereto, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this article was enacted, amended, or otherwise made applicable to such lots, structures, or uses, but which do not conform to the regulations of the district in which they are located. It is the intent of this division to permit such nonconforming uses to continue, under regulations herein contained, until the same are removed, but not to encourage their survival.
(b)
It is further the intent of this division that nonconforming uses shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(c)
Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.
(Ordinance 2025-14 adopted 11/20/2025)
§ 14.02.532 Nonconforming uses regulated.
Except as herein provided, no nonconforming use of land or buildings, nor any nonconforming structure, shall be enlarged, changed, altered, or repaired except in conformity with the regulations contained in this division.
(Ordinance 2025-14 adopted 11/20/2025)
§ 14.02.533 Nonconforming status.
Any use or structure which does not conform to the regulations of the zoning district in which it is located shall be deemed a nonconforming use when it possesses any of the following characteristics:
(1)
Such use or structure was in existence and lawfully operating on November 12, 1973, and has since been in regular and continuous use.
(2)
Such use or structure is a lawful and conforming use at the time of the adoption of any amendment to this article, but by such amendment is placed in a district wherein such use is not otherwise permitted.
(3)
Such use or structure was in existence at the time of annexation to the City and has since been in regular and continuous use.
(Ordinance 2025-14 adopted 11/20/2025)
§ 14.02.534 Continuing lawful use of property.
(a)
A nonconforming use is a lawful use of land, although such does not conform to the provisions hereof, and may be continued; but if said nonconforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this article.
(b)
A legal nonconforming use, when discontinued or abandoned, shall not be resumed. Discontinuance or abandonment shall be defined as follows:
(c)
Abandonment of a nonconforming use shall be determined by the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance, as the facts are found to be by the board of adjustment.
(Ordinance 2025-14 adopted 11/20/2025)
§ 14.02.535 Changing nonconforming uses.
(a)
A nonconforming use of a building may be changed to another nonconforming use of the same or more restrictive classification, after approval by the board of adjustment; provided, that when a nonconforming use is changed to a conforming use of a higher or more restrictive classification, it shall not later be reverted to the former, less restrictive classification.
(b)
No nonconforming use shall be changed to another nonconforming use which requires more off-street parking spaces or off-street loading space than the original nonconforming use, unless additional off-street parking and loading space is provided so as to comply with the requirements of division 9, Off-Street Parking and Loading Standards, of this article.
(Ordinance 2025-14 adopted 11/20/2025)
§ 14.02.536 Restoration of damaged property.
Nothing in this division shall be taken to prevent restoration of a building destroyed to the extent of not more than fifty percent (50%) of its reasonable value by fire, explosion, or other casualty or act of God, or a public enemy, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction.
(Ordinance 2025-14 adopted 11/20/2025)
§ 14.02.537 Termination of nonconforming uses.
The right to operate a nonconforming use shall cease and such use shall be terminated under any of the following circumstances:
(1)
When such use is abandoned, as hereinabove provided.
(2)
When any provision of this or any other ordinance of the city is violated with respect to a nonconforming use.
(3)
When a nonconforming use is changed to a conforming use by rezoning.
(Ordinance 2025-14 adopted 11/20/2025)
§ 14.02.538 Registration of nonconforming uses.
The operator, owner, or occupant of any nonconforming use of land or buildings shall, within six months after the date of this amendment (of if nonconforming on such date) or within six months after having been rendered nonconforming by any subsequent amendment hereto, register such nonconforming use by obtaining from the zoning enforcement authority of the city a certificate of occupancy bearing the designation "nonconforming," even though a previous certificate of occupancy may have been issued. Such certificate (nonconforming) shall be considered as evidence of the legal existence of a nonconforming use, as contrasted with an illegal use or violation of this article. The enforcement authority shall maintain a register of all certificates of occupancy issued for nonconforming uses and shall, on written request and payment of the appropriate fee, issue a duplicate certificate to anyone having a proprietary interest in the property in question. A nonconforming structure need not be registered.
(Ordinance 2025-14 adopted 11/20/2025)
§ 14.02.539 Nonconforming use notification.
Written notice of each public hearing shall be provided regarding any proposed adoption of or change to a zoning regulation or boundary under which a current conforming use of a property may become a nonconforming use if the regulation or boundary is adopted or changed. Written notice shall be provided by United States mail to each owner of real or personal property where the proposed nonconforming use is located as indicated by the most recently approved municipal tax roll, and each occupant of the property, not later than the tenth (10th) day before the hearing date. The notice must contain the time and place of each public hearing and include the following text in bold 14-point type or larger: "THE CITY OF DALWORTHINGTON GARDENS IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY."
(Ordinance 2025-14 adopted 11/20/2025)