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Dayton City Zoning Code

CHAPTER 17

56.- NONCONFORMING USES

17.56.010.- Continuation.

Subject to the provisions of this section through section 17.56.040 of this chapter, a nonconforming structure or use may be continued and maintained in reasonable repair but shall not be altered or extended. The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use at the time of passage of the ordinance codified in this title is not an extension of a nonconforming use. A complete record of the location, value, nature and extent of all nonconforming uses shall be made and kept by the zoning administrator.

(Ord. No. 214 § 8-101, 1984)

17.56.020. - Nonconforming structures.

A structure conforming as to use but nonconforming as to height, setback or coverage may be altered or extended providing the alteration or extension does not result in further violation of the nonconformity of this title.

(Ord. No. 214 § 8-102, 1984)

17.56.030. - Nonconforming use; discontinuance.

(a)

If a nonconforming use involving a structure is discontinued from use for a period of one year, further use of the property shall be for a conforming use.

(b)

If a nonconforming use not involving a structure is discontinued for a period of 12 months, further use of the property shall be for a conforming use.

(c)

No mobile home shall be placed on any lot other than in a mobile home park, unless the mobile home and the lot to which it will be placed is under single ownership, in compliance with chapter 17.68, "Mobile Home Parks" of this title, as it relates to mobile homes, and not in conflict with other rules and regulations and covenants within the town. A mobile home not existing on a nonconforming site or within the regulations of chapter 17.68 of this title, may be replaced by another mobile home that is to be continuously occupied by the existing ownership. Transfer of ownership of the mobile home and the site shall be allowed, but rental of the mobile home or site shall be a violation of this title and the mobile home shall not be permitted to remain on the site.

(Ord. No. 214 § 8-103, 1984)

17.56.040. - Nonconforming use; termination.

A use which is nonconforming with respect to provision for screening shall provide screening within a period of five years from the date of the passage of the ordinance codified in this title.

(Ord. No. 214 § 8-104, 1984)

17.56.050. - Nonconforming use; destruction.

If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause, it may be reconstructed, providing the floor area does not exceed the same amount of floor area as the original structure.

(Ord. No. 214 § 8-105, 1984)

17.56.060. - Building completion.

Nothing contained in this title shall require any change in the plans, construction, alteration or designated use of a building for which a building permit has been issued and construction work has commenced prior to the adoption of this title, except that if the designated use will be nonconforming it shall, for the purpose of section 17.56.030 of this chapter, be a discontinued use if not in operation within two years of the date of issuance of the building permit.

(Ord. No. 214 § 8-106, 1984)

17.56.070. - Nonconforming lots of record.

(a)

In any district in which one-unit dwellings are permitted, a single-family residence and customary accessory buildings may be erected on any single lot of record which existed as such at the time of adoption of the ordinance codified in this title. Such a lot must have been of separate ownership and not of continuous frontage with other lots under the same ownership. This provision shall apply even though such lots fail to meet the requirements of the district in which it is located for area, or width, or both, provided, however, that the requirements of the district for minimum yard dimensions shall be met unless a variance to the requirements has been granted by the board of adjustment.

(b)

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of adoption or amendment of the ordinance codified in this title, and part or all of the lots do not meet the requirements of the district in which they are located as to minimum area or frontage, or both, the lands shall be considered for the purpose of this title to be an undivided parcel, and no portion of the parcel shall be sold or used in a manner which diminishes compliance with lot width and area requirements established by this title.

(Ord. No. 214 § 8-107, 1984)

17.56.080. - Nonconforming signs.

(a)

No such sign may be enlarged or altered in such a manner as to increase its nonconformity; however, any sign or portion thereof may be altered to decrease its nonconformity.

(b)

If any such sign or nonconforming portion thereof be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of the destruction, it shall not be reconstructed except in conformity with the applicable provisions of this title.

(c)

If any such sign should for any reason be moved from its location, it shall conform to the provisions of the district in which it is located after it is moved.

(d)

The right to operate and maintain any nonconforming signs shall terminate within three years after the adoption of this title.

(Ord. No. 214 § 8-108, 1984)

17.56.090. - District boundaries changed.

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, this chapter shall also apply to any nonconforming uses existing thereon.

(Ord. No. 214 § 8-109, 1984)

Cross reference— See section 17.64.010 of this title.