Garden City City Zoning Code
§ XXII
NONCONFORMING BUILDINGS, STRUCTURES, AND USES.
1.
Statement of purpose.
The purpose of this section is to provide for the regulation of nonconforming uses, buildings, and structures.
2.
Authority to continue nonconforming buildings, structures, and uses.
Any nonconforming building, structure, or use which existed lawfully at the time of adoption of this ordinance and which remains nonconforming and any such building, structure, or use which shall become nonconforming upon the adoption of this ordinance or of any subsequent amendment thereto may be continued in accordance with the regulations which follow.
3.
Restrictions on nonconforming buildings, structures, and uses thereof.
Any lawfully existing building or structure which does not conform with the regulations of the district in which it is located shall be subject to the provisions of this subsection.
A.
Repairs-
Ordinary repairs may be made to a nonconforming building or structure. Ordinary repairs shall be determined by the director of code enforcement and shall include, among other things, the replacement of storage tanks where the safety of operation of the installation requires such placement.
B.
Alterations and Enlargements
(1)
A nonconforming building or structure which is nonconforming only as to height, yard, parking, or loading regulations may be altered, including structural alterations, or enlarged, provided such alteration or enlargement complies with the regulations and standards of this ordinance.
(2)
A nonconforming building or structure, all or substantially all of which is designed or intended for a use not permitted in the district where it is located shall not be added to or enlarged unless such nonconforming buildings or structures and additions thereto are made to conform with all regulations herein for the district in which it is located.
C.
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 of not more than 50 percent of its true current value may be restored to its original size and occupancy. Such restoration shall be completed within 12 months of the date of damage, provided any time for litigation shall not be counted in the 12-month period. Said building or structure, if destroyed or damaged to an extent greater than 50 percent of its true current value shall be restored only if said building or structure and the use thereof shall conform to all regulations of the district in which it is located.
D.
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 on the effective date of this ordinance or thereafter becomes vacant and remains unoccupied or is not used for a continuous period of 90 days 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. A building or structure which is nonconforming only as to height, yard, parking, or loading requirements shall not be subject to this provision.
E.
Expansions 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 said use is presently located, but no structural alterations shall be made unless such structural alterations and the use thereof conform to all regulations of the district in which the building or structure is located.
F.
Change of use in nonconforming building or structure.
The nonconforming use of a building or structure may be changed to a use permitted in the district in which the building or structure is located; but no change shall extend or otherwise modify any provision made in this ordinance for elimination of such nonconforming building or structure, and the use thereof.
4.
Nonconforming use of conforming 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 a 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 such 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 90 days, 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 are located.
C.
Change of a nonconforming use.
No nonconforming use shall be changed to another nonconforming use when such 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.
5.
Nonconforming Use of Land.
The nonconforming use of land not involving a building or structure or where any building or structure thereon is merely 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 90 days, 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 shall not be changed to any other use except to a use permitted in the district in which the land is located.
D.
Elimination of nonconforming use of land.
The nonconforming use of land shall be discontinued and cease in according [accordance] with the following:
(1)
Where no buildings or structures are employed in connection with such use, discontinued within one year.
(2)
Where such use is maintained in connection with a conforming building or structure, except for inadequate off-street parking facilities may be continued for so long as the premises are so used.
(3)
Where a nonconforming use of land is accessory to the nonconforming use of a building or structure, discontinued on the same date on which the nonconforming use of the building or structure is discontinued.
(Ordinance 2002-518 adopted 3/5/02)