Dublin City Zoning Code
PART 9
NONCONFORMITIES
§ 27-901 Registration of Nonconforming Uses and Structures.
[Ord. 294, 11/26/2007, § 27-901]
The Zoning Officer shall, upon adoption of this chapter or amendment thereof, identify and register all nonconforming uses and structures when possible.
§ 27-902 Continuation.
[Ord. 294, 11/26/2007, § 27-902]
The lawful use of a building or structure, or the lawful use of any land as existing and lawful at the time of the enactment of this chapter, or in the case of an amendment to this chapter, then at the time of such amendment, may be continued except as hereinafter provided, although such use does not conform to the provisions of this chapter or subsequent amendments.
§ 27-903 Extension or Alteration.
[Ord. 294, 11/26/2007, § 27-903]
1.
Nonconforming structures may be altered, reconstructed, or enlarged, provided that such alteration, reconstruction, or enlargement does not increase the extent of the nonconformity existing on the effective date of this chapter. In the case of a nonconforming structure which is used by a nonconforming use, such alteration, extension, or enlargement shall also meet the requirements of Subsection 3 of this section.
2.
Nonconforming lots are subject to the applicable provisions of § 27-701, Subsection 2B, "Exceptions to Minimum Lot Size," and § 27-701, Subsection 3B, "Exceptions to Minimum Lot Width."
3.
Nonconforming uses shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:
A.
Such alterations, reconstruction, extension, or enlargement shall be only upon the same lot as in existence at the date the use became nonconforming, and shall be prohibited from encroaching on another parcel or land subsequently added to the original parcel.
B.
Any increase in volume or area shall not exceed an aggregate of more than 50% of the volume or area existent at the date the use became nonconforming, during the life of the nonconformity, and in any event shall be permitted only by special exception under the provisions of Part 12, "Zoning Hearing Board." Structures or land uses that have reached their maximum expansion allowance under previous chapters are not eligible for any increase in volume or area under this chapter.
C.
All other uses or structures that do not conform with the other requirements of this chapter and the district in which it is located, may not be extended more than 100% in floor area, land area, or building volume. Such extension shall be permitted only by special exception.
§ 27-904 Restoration.
[Ord. 294, 11/26/2007, § 27-904]
A nonconforming building, or any building containing a nonconforming use less than 75% destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within one year and completed within two years from the date the building was destroyed or condemned. No further expansion of the original nonconforming use will be permitted.
§ 27-905 Ownership.
[Ord. 294, 11/26/2007, § 27-905]
It is the intent of this section to insure that the level of nonconformity is not increased when a nonconforming use is transferred or sold. Whenever a lot, which is nonconforming by virtue of use, except agricultural land or residential uses, is transferred or sold to a new owner, a previously nonconforming use may be continued by the new owner after review by the Borough Council. The landowner shall prove that the level of nonconformance will not be increased or changed. Should the landowner propose any changes or alterations to the nonconforming use, the Borough Council may impose conditions regarding layout, circulation, and performance it deems necessary to insure that the change or alteration is in the best interest of the Borough, the convenience of the community, and the public welfare. The landowner may appeal such conditions to the Zoning Hearing Board subject to the provisions of Part 13 of this chapter.
§ 27-906 Abandonment.
[Ord. 294, 11/26/2007, § 27-906]
If a nonconforming use of a building or land is abandoned for a continuous period of one year, subsequent use of such building or land shall be in conformity with the provisions of this chapter. For the purposes of this chapter, abandonment shall commence when the nonconforming use ceases.
§ 27-907 Changes.
[Ord. 294, 11/26/2007, § 27-907]
1.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under all of the following conditions:
A.
Such change shall be permitted only as a special exception by the Zoning Hearing Board.
B.
The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use.
C.
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use, with respect to:
(1)
Traffic generation and congestion including truck, passenger car, and pedestrian traffic.
(2)
Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
(3)
Storage and waste disposal.
(4)
Appearance.
