Diamond City Zoning Code
NONCONFORMING BUILDINGS
AND USES
§ 151.035 STATEMENT OF PURPOSE.
(A) The purpose of this section is to provide for the regulation of nonconforming buildings, structures, and uses, and to specify those circumstances and conditions under which those non- conforming buildings, structures, and uses may be continued.
(B) This chapter establishes separate zoning districts, each of which is an appropriate area for the location of the uses which are permitted in that zoning district. It is necessary and consistent with the establishments of those districts that those nonconforming buildings, structures, and uses which substantially and adversely affect the orderly development and taxable value of other property in the district not be continued without restriction.
(Ord. 2015-08, § 4.01, passed 6-23-2015)
§ 151.036 CONTINUANCE OF USE.
(A) Any lawfully established building, structure, or use of a building or land, on the effective date of this chapter or of amendments thereto, that does not conform to the regulations for the district in which it is located, shall be deemed to be a legal nonconforming building, structure, or use and may be continued, except as otherwise provided herein.
(B) Any legal, nonconforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.
(C) Nonconforming status rests with the property, not with the owner. Such status is not affected by changes in ownership, tenancy, or management.
(D) Any building, for which a permit has been lawfully granted prior to the effective date of this chapter or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within 90 days and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.
(E) Any development that has obtained preliminary and final approval at the time of adoption of this chapter and which is nonconforming solely as a result of the adoption of this chapter, may be developed as a legal nonconforming use, lot, or building per the zoning regulations in effect at the time of such preliminary and final approval.
(Ord. 2015-08, § 4.02, passed 6-23-2015)
§ 151.037 DISCONTINUANCE OF USE.
(A) Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.
(B) Whenever a nonconforming use of a building or structure or part thereof, has been discontinued for a period of 12 consecutive months (1 year), or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not after being discontinued or abandoned, be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the district.
(C) Where no enclosed building is involved, discontinuance of a nonconforming use for a period of 6 months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner.
(Ord. 2015-08, § 4.03, passed 6-23-2015)
§ 151.038 REPAIRS AND ALTERATIONS.
(A) Normal maintenance of a nonconforming building, structure or use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming building, structure, or use.
(B) No structural alterations shall be made in a building or other structure containing a nonconforming building, structure, or use, except in the following situations:
(1) When the alteration is required by law;
(2) When the alteration will actually result in eliminating the nonconforming use; or
(3) When a building in a residential district containing residential nonconforming structure may be altered in any way to improve livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.
(Ord. 2015-08, § 4.04, passed 6-23-2015)
§ 151.039 DAMAGE AND DESTRUCTION.
(A) If a nonconforming building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of 50% or more of its current replacement value, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than 50% of its replacement value, the building may then be restored to its original condition and the occupancy or use of such building may be continued.
(B) In either event, restoration or repair of the building or other structure must be started within a period of 6 months from the date of damage or destruction and diligently completed.
(Ord. 2015-08, § 4.05, passed 6-23-2015)
§ 151.040 ADDITIONS AND ENLARGEMENTS.
(A) A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all regulations of the district in which it is located.
(B) No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.
(C) No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space or any land beyond the boundaries of the zoning lot as it existed on the effective date of this chapter, or to displace any conforming use in the same building or on the same parcel.
(D) A building or structure which is nonconforming with respect to yards or any other element of bulk regulated herein shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformance, with respect to the bulk regulations of the district in which it is located.
(Ord. 2015-08, § 4.06, passed 6-23-2015)
§ 151.041 USE DISTRICT CHANGES.
Whenever the boundaries of a use district shall be changed so as to transfer an area from one use district to another use district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.
(Ord. 2015-08, § 4.07, passed 6-23-2015)
§ 151.042 RELOCATION OF A NONCONFORMING STRUCTURE.
No building or structure shall be moved in whole, or in part, to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located.
(Ord. 2015-08, § 4.08, passed 6-23-2015)
§ 151.043 ACQUISITION OF NONCONFORMING STRUCTURES.
(A) The village may at any time, and from time to time, by ordinance duly enacted and in accordance with the authority vested in it by state law:
(1) Acquire by purchase, condemnation or otherwise, any buildings or structures which do not conform to the standards fixed by the village pursuant to state law, and all land which is necessary or appropriate for the rehabilitation or redevelopment of any area blighted by substandard buildings or structures;
(2) Remove or demolish all such nonconforming buildings or structures acquired;
(3) Hold and use any remaining property for public purposes; and
(4) Sell, lease or exchange such property as is not required for public purposes, subject to the provisions of this chapter or of any amendment hereto.
(B) No such acquisition by condemnation shall be made until such time as the Planning and Zoning Commission, at the request of the Board of Commissioners or upon its own initiative, shall have made a study of the area within which such nonconforming building or structure is located, and shall have filed a written report on such study with the Board of Commissioners.
(Ord. 2015-08, § 4.09, passed 6-23-2015)