Nonconformities
Sections:
(a)
No subdivision, lot split, or adjustment to lot lines shall be approved that would increase the nonconformity of an existing lot.
(b)
Structures may be erected or redeveloped on existing nonconforming lots, provided that such structures conform with all development standards with the exception of lot size and lot frontage.
(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)
(a)
Any structure existing at the time of the enactment of this Zoning Ordinance may be continued even though such structure does not conform with the provisions of this Zoning Ordinance for the zoning district in which it is located. It is the intent of this section to permit these nonconformities to continue until they are discontinued or removed, but not to encourage their continuance or survival. Such structures are declared by this section to be incompatible with permitted structures in the zoning district involved. It is further the intent of this chapter that nonconformities shall not be enlarged, expanded, or extended, or changed to any other nonconforming structure.
(b)
Ordinary repairs and maintenance, or repairs and replacement of nonbearing walls, fixtures, wiring, heating, air conditioning or plumbing may be undertaken on any nonconforming structure, or portion of a structure, provided the cubic content of the structure existing when it became nonconforming is not increased.
(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)
(a)
Any use existing at the time of the enactment of this Zoning Ordinance may be continued even though such use does not conform with the provisions of this Zoning Ordinance for the zoning district in which it is operating. It is the intent of this section to permit these nonconformities to continue until they are discontinued or removed, but not to encourage their continuance or survival. Such uses are declared by this section to be incompatible with permitted uses in the zoning district involved. It is further the intent of this chapter that nonconformities shall not be enlarged, expanded, or extended, or changed to any other nonconforming use except as follows:
(1)
Additions to the structure containing a nonconforming use are permissible as a Minor Development Plan when the expansion is less than 25 percent of the total floor area of the original structure. An expansion of 25 percent or more of the total floor area of the original structure shall require approval by Planning Commission. The Planning Commission shall review the appropriateness of the expansion request in conjunction with the Major Development Plan application, Section 1117.07(a). Expansion of the structure shall not create any new condition of noncompliance unless a variance is granted.
(b)
When a nonconforming use is discontinued for a period of at least six consecutive months, the nonconforming use shall not be resumed.
(c)
An existing nonconforming use may be hereafter extended throughout those parts of the structure which were manifestly arranged or designed for such use at the time of the enactment of this Zoning Ordinance.
(d)
No structure or portion of a structure containing a nonconforming use shall hereafter be extended to facilitate an increase in use area of the nonconforming use.
(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)
(a)
A sign, which is nonconforming on the effective date of this Zoning Ordinance and does not conform with the regulations of this or a subsequent amendment, shall be deemed a nonconformity.
(b)
Any permanent graphic, sign, marquee, canopy, or awning, other than a temporary sign, which is deemed to be a nonconformity, and not erected in accordance with a city permit, and which remains or becomes a nonconformity upon the adoption of this chapter or any subsequent amendment thereto, may be continued only in accordance with the following regulations.
(c)
Ordinary repairs and non-structural alterations may be made to a nonconforming sign. No structural alterations shall be made in, to, or upon such nonconforming sign, except those required by law to make the sign conform to the regulations of this chapter, unless the sign was erected in accordance with a City permit.
(d)
A nonconforming sign shall not be added to or enlarged in any manner, except to make the sign conform to the regulations of this Zoning Ordinance.
(e)
No nonconforming sign shall be moved in whole or in part to any other location unless such sign, and the use thereof, is made to conform to all regulations of this chapter.
(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)
No nonconforming building, structure, facility, or sign shall be moved to another location on the same lot or any other lot unless the entire building, structure, facility or sign shall thereafter conform to the regulations of the zoning district in which it will be relocated. Moreover, no nonconforming land use shall be relocated, in whole or in part, to any other location on the same or any other lot unless such use shall thereafter conform to the regulations of the zoning district in which it is relocated.
(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)
(a)
Any nonconforming building, structure, facility, or sign where more than 75 percent of its Gross Floor Area (GFA) above the foundations or sign where more than 75 percent of the surface area or structural elements of the sign are damaged by fire, flood, explosion, earthquake, war, riot, or similar event shall not be reconstructed and used as before such casualty. If less than 75 percent [of the] building, structure, facility, or sign is so damaged, it may be reconstructed or used, provided that such reconstruction or use is accomplished within 12 months of such casualty.
(b)
Nothing in this Zoning Ordinance shall prevent the strengthening or restoring to a safe condition of any part of any nonconforming building, structure, facility, or sign declared unsafe.
(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)
(a)
No lot, where the intent of the owner to discontinue the use for a period of six months or more is apparent or where a nonconforming use has been replaced by a use permitted in the zoning district in which such lot is located, shall again be devoted to any use not permitted in such zoning district.
(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)
Nonconformities
Sections:
(a)
No subdivision, lot split, or adjustment to lot lines shall be approved that would increase the nonconformity of an existing lot.
(b)
Structures may be erected or redeveloped on existing nonconforming lots, provided that such structures conform with all development standards with the exception of lot size and lot frontage.
(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)
(a)
Any structure existing at the time of the enactment of this Zoning Ordinance may be continued even though such structure does not conform with the provisions of this Zoning Ordinance for the zoning district in which it is located. It is the intent of this section to permit these nonconformities to continue until they are discontinued or removed, but not to encourage their continuance or survival. Such structures are declared by this section to be incompatible with permitted structures in the zoning district involved. It is further the intent of this chapter that nonconformities shall not be enlarged, expanded, or extended, or changed to any other nonconforming structure.
(b)
Ordinary repairs and maintenance, or repairs and replacement of nonbearing walls, fixtures, wiring, heating, air conditioning or plumbing may be undertaken on any nonconforming structure, or portion of a structure, provided the cubic content of the structure existing when it became nonconforming is not increased.
(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)
(a)
Any use existing at the time of the enactment of this Zoning Ordinance may be continued even though such use does not conform with the provisions of this Zoning Ordinance for the zoning district in which it is operating. It is the intent of this section to permit these nonconformities to continue until they are discontinued or removed, but not to encourage their continuance or survival. Such uses are declared by this section to be incompatible with permitted uses in the zoning district involved. It is further the intent of this chapter that nonconformities shall not be enlarged, expanded, or extended, or changed to any other nonconforming use except as follows:
(1)
Additions to the structure containing a nonconforming use are permissible as a Minor Development Plan when the expansion is less than 25 percent of the total floor area of the original structure. An expansion of 25 percent or more of the total floor area of the original structure shall require approval by Planning Commission. The Planning Commission shall review the appropriateness of the expansion request in conjunction with the Major Development Plan application, Section 1117.07(a). Expansion of the structure shall not create any new condition of noncompliance unless a variance is granted.
(b)
When a nonconforming use is discontinued for a period of at least six consecutive months, the nonconforming use shall not be resumed.
(c)
An existing nonconforming use may be hereafter extended throughout those parts of the structure which were manifestly arranged or designed for such use at the time of the enactment of this Zoning Ordinance.
(d)
No structure or portion of a structure containing a nonconforming use shall hereafter be extended to facilitate an increase in use area of the nonconforming use.
(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)
(a)
A sign, which is nonconforming on the effective date of this Zoning Ordinance and does not conform with the regulations of this or a subsequent amendment, shall be deemed a nonconformity.
(b)
Any permanent graphic, sign, marquee, canopy, or awning, other than a temporary sign, which is deemed to be a nonconformity, and not erected in accordance with a city permit, and which remains or becomes a nonconformity upon the adoption of this chapter or any subsequent amendment thereto, may be continued only in accordance with the following regulations.
(c)
Ordinary repairs and non-structural alterations may be made to a nonconforming sign. No structural alterations shall be made in, to, or upon such nonconforming sign, except those required by law to make the sign conform to the regulations of this chapter, unless the sign was erected in accordance with a City permit.
(d)
A nonconforming sign shall not be added to or enlarged in any manner, except to make the sign conform to the regulations of this Zoning Ordinance.
(e)
No nonconforming sign shall be moved in whole or in part to any other location unless such sign, and the use thereof, is made to conform to all regulations of this chapter.
(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)
No nonconforming building, structure, facility, or sign shall be moved to another location on the same lot or any other lot unless the entire building, structure, facility or sign shall thereafter conform to the regulations of the zoning district in which it will be relocated. Moreover, no nonconforming land use shall be relocated, in whole or in part, to any other location on the same or any other lot unless such use shall thereafter conform to the regulations of the zoning district in which it is relocated.
(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)
(a)
Any nonconforming building, structure, facility, or sign where more than 75 percent of its Gross Floor Area (GFA) above the foundations or sign where more than 75 percent of the surface area or structural elements of the sign are damaged by fire, flood, explosion, earthquake, war, riot, or similar event shall not be reconstructed and used as before such casualty. If less than 75 percent [of the] building, structure, facility, or sign is so damaged, it may be reconstructed or used, provided that such reconstruction or use is accomplished within 12 months of such casualty.
(b)
Nothing in this Zoning Ordinance shall prevent the strengthening or restoring to a safe condition of any part of any nonconforming building, structure, facility, or sign declared unsafe.
(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)
(a)
No lot, where the intent of the owner to discontinue the use for a period of six months or more is apparent or where a nonconforming use has been replaced by a use permitted in the zoning district in which such lot is located, shall again be devoted to any use not permitted in such zoning district.
(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)