Elwood City Zoning Code
NONCONFORMING BUILDINGS
STRUCTURES AND USES
§ 162.135 STATEMENT OF PURPOSE.
The purpose of this section is to provide for the regulation of nonconforming uses, buildings, structures and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses may be continued.
(Ord. 656, passed 7-2-2001)
§ 162.136 NONCONFORMING BUILDINGS, STRUCTURES AND USES.
Any nonconforming building, structure or use which existed lawfully at the time of the adoption of this chapter and which remains nonconforming, and any such building, structure or use which shall become nonconforming upon the adoption of this chapter or of any subsequent amendment thereto, may be continued only in accordance with the regulations which follow.
(A) Repairs and alterations. Ordinary repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations shall be made in or to the building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law, or except to make the building or structure, and use thereof, conform to the regulations of the district in which it is located.
(B) Additions and enlargements.
(1) A nonconforming building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, shall not be added to or enlarged in any manner unless the nonconforming building or structure, and use thereof, including all additions and enlargements thereto is made to conform to all the regulations of the district in which it is located.
(2) A nonconforming building or structure, which is nonconforming only as to bulk, shall not be added to or enlarged in any manner unless the additions and enlargements thereto are made to conform to all regulations of the district in which it is located.
(C) Moving. No building or structure, which does not conform to all of the regulations of the district in which it is located, shall be moved in whole or in part to any other location unless every portion of such building or structure is moved, and the use thereof is made to conform to all regulations of the district into which it is moved.
(D) Restoration of damaged nonconforming building. A building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence will exceed 50% of the cost of restoration of the entire building or structure new, shall not be restored unless the building or structure, and the use thereof, shall conform to all regulations of the district in which it is located. In the event that such damage or destruction is less than 50% of the cost of restoration of the entire building or structure new, no repairs or reconstruction shall be made unless the restoration is started within one year from the date of the partial destruction and is diligently prosecuted to completion.
(E) Discontinuance of use of nonconforming building or structure. A building, structure or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is vacant, unoccupied and not used on the effective date hereof or thereafter becomes vacant and remains unoccupied, or is not used for a continuous period of one year, shall not thereafter be occupied or used except by a use which conforms to the use regulations of the district in which it is located.
(F) Expansion of use in nonconforming building or structure. The nonconforming use of a part of a building or structure may be expanded within the building or structure in which the use is presently located, but no changes or structural alterations shall be made unless the changes or structural alterations, and the use thereof, conform to all the regulations of the district in which the building or structure is located.
(G) Change of use in nonconforming in building or structure. The nonconforming use of a building or structure may be changed to any other nonconforming use allowed within the same or more restrictive zoning district that allows the existing nonconforming use; but no change shall extend or otherwise modify any provision made in this chapter for elimination of the nonconforming building or structure, and the use thereof.
(Ord. 656, passed 7-2-2001)
§ 162.137 NONCONFORMING USE OF BUILDINGS OR STRUCTURES.
The lawfully existing nonconforming use of part or all of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, may be continued subject to the following provisions.
(A) Expansion of nonconforming use. The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of the building or structure, nor changed to any other nonconforming use.
(B) Discontinuance. If a nonconforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is discontinued for a period of six months, it shall not be renewed, and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises is located.
(C) Change of a nonconforming use. No nonconforming use shall be changed to another nonconforming use when the nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.
(Ord. 656, passed 7-2-2001)
§ 162.138 NONCONFORMING USE OF LAND.
The nonconforming use of land not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, may be continued subject to the following provisions.
(A) Expansion. A nonconforming use of land shall not be expanded or extended beyond the area it occupies.
(B) Discontinuance. If a nonconforming use of land is discontinued for a period of three consecutive months, it shall not thereafter be renewed, and any subsequent use of land shall conform to the regulations of the district in which the land is located.
(C) Change of use. A nonconforming use of land may be changed to any other nonconforming use allowed within the same or more restrictive zoning district that allows the existing nonconforming use.
(Ord. 656, passed 7-2-2001)
§ 162.139 NONCONFORMING LOTS OF RECORD.
(A) Notwithstanding anything to contrary herein, a single-family dwelling and any attendant accessory buildings authorized in this chapter may be erected on any single lot of record at the effective date of this chapter, provided the following conditions are satisfied:
(1) The nonconforming lot must be located within a zoning district which allows single-family dwellings as permitted uses;
(2) Land coverage must not exceed 30%;
(3) Height of the structure may not exceed two and one-half stories or 25 feet, whichever is lesser. The height of the structure shall be determined by measuring from the center of the front lot line and the average grade measured from front to rear of the lot;
(4) Side yard setbacks shall be reduced by the same percentage the area of the lot bears to its zone district requirements, provided no side yard shall be setback from the property line less than five feet;
(5) Front yard setbacks shall be reduced by the same percentage the area of the lot bears to its zone district requirements, provided no front yard shall be setback from the property line less than 15 feet; and
(6) Rear yard setbacks shall be reduced by the same percentage the area of the lot bears to its zone district requirements, provided no rear yard shall be setback from the property line less than 20 feet.
(B) If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are on record at the time of passage or amendment of this chapter, and further provided all or part of the lots do not meet the requirements for lot width and area as established by this chapter, those lots shall be deemed an undivided parcel for purposes of this chapter. Upon this event, no structure may be erected on any portion of the undivided parcel, nor shall any division of the parcel be made where the subdivided lot shall not comply with all the requirements set forth in this chapter.
(C) Notwithstanding anything to the contrary herein, in the event that 50% or more of the lots fronting on one side of a street within a block are improved, the existing building setbacks of the improved lots shall be the established building setback for determining the required setbacks for the remainder of the lots along the street frontage, provided however, the existing setbacks for the improved lots are substantially the same with respect to one another.
(Ord. 656, passed 7-2-2001; Ord. 706, passed 12-2-2002)