Fairfield City Zoning Code
ARTICLE XV
NONCONFORMING USES
§ 14-1500 Nonconforming Uses.
[Ord. No. 08-01-2024, 8/27/2024]
A.
General: All lawful uses of land or of a building or other structure existing on the effective date of this Ordinance may be continued, altered, restored, reconstructed, sold, or maintained even though such use may not conform to the use, height, area, yard, and other regulations of the district in which it is located, providing such nonconforming uses shall comply with the provision of this Ordinance.
B.
Alterations and Reconstruction.
1.
Repairs and structural alterations not constituting extensions, expansions, or enlargements, may be made to a nonconforming building or to a building occupied by a nonconforming use.
2.
A nonconforming building which is damaged by fire, explosion, or natural disaster may be rebuilt and used for the same purposes, in accordance with the following.
a.
The reconstruction of the building is commenced within one (1) year from the date of the destruction of the building and is carried to completion without undue delay.
b.
The reconstructed building does not exceed the height, area, and volume of the building destroyed.
c.
The reconstructed building shall comply with the area, size, and yard regulations of the district in which it is located.
C.
Extensions, Expansions, and Enlargement.
1.
The Zoning Hearing Board may authorize, as a special exception, the following types of extension, expansions, and enlargements for nonconforming uses and buildings existing on the effective date of this Ordinance.
a.
The extension of a nonconforming use of land upon a lot occupied by such use.
b.
The extension, expansion, or enlargement of a conforming building occupied by a nonconforming use.
c.
The extension, expansion, or enlargement of a nonconforming building occupied by a nonconforming use.
d.
The extension, expansion, or enlargement of a nonconforming building occupied by a conforming use.
2.
The foregoing extension, expansions, and enlargements of such nonconforming buildings or uses shall be subject to the following conditions.
a.
The extension, expansion, or enlargement shall conform to the height, area, yard, and coverage regulations of the district in which the use would be permitted as a matter of right.
c.
The extension, expansion, or enlargement does not replace a conforming use.
d.
The extension, expansion, or enlargement of the nonconforming building or use shall not be permitted to extend into land adjacent to the initial parcel of existing land occupied on the effective date of this Ordinance.
e.
The extension, expansion, or enlargement of the nonconforming building or use shall not exceed an increase of fifty percent (50%) of the original volume or area of the nonconforming building or use. The original volume or area of the building or use is the original volume or area devoted to the building or use as it existed on the date such building or use became nonconforming.
D.
Change of Use: Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
E.
Abandonment and Discontinuance: If a nonconforming use of a building or land ceases or is discontinued for a continuous period of one (1) year or more, the nonconforming status thereof shall be lost, and subsequent use of such building or land shall be in conformity with all the provisions of this Ordinance except in cases where the cessation or discontinuance was caused by circumstances beyond the control of the owner.
F.
Nonconforming Lots: Any lot held in single and separate ownership at the effective date of the ordinance codified in this Ordinance and that does not conform to one (1) or more of the applicable dimensional regulations of the Zoning District in which it is located shall be considered to be a nonconforming lot. A building may be erected upon any vacant nonconforming lot in accordance with the following standards.
1.
Zoning Permit approval must be applied for and received from the Zoning Officer.
2.
The applicant does not own or control other adjoining property that, if combined with the subject nonconforming lot, would be sufficient to form a lot of sufficient dimension to allow compliance with all dimensional requirements.
3.
The proposed principal use to be conducted in association with the new building shall be permitted by right within the Zoning District in which the nonconforming lot is located.
4.
The proposed building and use shall comply with all other dimensional, performance, design, and other regulations that are otherwise applicable to the nonconforming lot and use in question. Such regulations include, but are not limited to, applicable district requirements and minimum setback and/or build-to requirements.