Good Thunder City Zoning Code
NON-CONFORMING USES
LAND AND STRUCTURES
§ 154.225 INTERPRETATION.
(A) This chapter or any later amendments may create situations where structures, buildings or uses of the land previously permitted may become prohibited, regulated or otherwise restricted. It is the intent of this chapter to permit the continuance of these non-conforming structures or uses until they are removed, but not to encourage their survival.
(B) These uses are declared by this chapter to be incompatible with the permitted uses in the districts involved:
(1) Any existing building or premises devoted to a use not permitted by this chapter in the district in which the building or premises is located, shall not be enlarged upon, extended, reconstructed or structurally altered, nor be used as grounds for adding other buildings or structures prohibited elsewhere in the same district, except when required to do so by law or ordinance, unless the use is changed to one permitted in the district in which the building or structure or land is located;
(2) A non-conforming use of a building may be replaced with another non-conforming use; provided, no structural alterations are made;
(3) No change from one non-conforming use to another shall be made without first applying to and receiving from the Planning Commission a permit to make the change;
(4) A non-conforming use may be changed to a more conforming use at any time;
(5) Whenever a non-conforming use has been changed to a conforming use, the use shall not thereafter be changed to a less conforming use;
(6) The extension or addition of a lawful use to any portion of a non-conforming building or structure or land shall not be deemed as the extension of the non-conforming use;
(7) Where non-conforming status applies to a building or structure, the removal or destruction of the same shall eliminate the non-conforming status of land;
(8) If a building or structure is moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved;
(9) All uses which lawfully exist on the effective date of this chapter and are classified as a conditional use by this chapter for the district in which they are located, shall be considered lawful conditional uses; and
(10) Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this subchapter shall also apply to any non-conforming uses developing as a result of the action.
(2001 Code, § 11.13)
§ 154.226 NON-CONFORMING LOTS OF RECORD.
(A) (1) A single-family dwelling and customary accessory buildings, notwithstanding limitations imposed by other provisions of this chapter, may be erected in any district in which single-family dwellings are permitted on any single lot of record at the effective date of adoption of or amendment to this chapter.
(2) The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
(3) This provision shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that, yard dimensions and other requirements not involving area of width, or both, of the lot shall conform to the regulations for the district in which the lot is located.
(B) Variance of area, width and yard requirements shall be obtained only through action of the City Council.
(2001 Code, § 11.13)
§ 154.227 CONSTRUCTION APPROVED PRIOR TO ADOPTION OF CHAPTER.
To avoid undue hardship, nothing in this chapter shall require a change in the plans, construction or designated use of any building or structure; provided that:
(A) A zoning permit has been issued within 60 days prior to the adoption of this chapter;
(B) The construction of which shall have commenced within 30 days after the adoption of this chapter;
(C) The construction is continuous until the building or structure is completed; and
(D) Actual construction is defined to include the placing of construction materials in permanent position; except where demolition or removal of an existing building or structure has commenced preparatory to construction, the demolition or removal shall be deemed to be actual construction; provided that, work shall be diligently carried on until completion of the building or structure involved.
(2001 Code, § 11.13)
§ 154.228 REPAIRS AND MAINTENANCE.
(A) Nothing in this chapter shall prevent the reconstruction, repairing or rebuilding of a non-conforming building, structure or part existing at the effective date of this chapter, rendered necessary by wear and tear, deterioration or depreciation; provided, the cost of the work shall not exceed 50% of the replacement value of the building or structure at the time the work is done, nor prevent compliance with the provisions of any city codes relative to the maintenance of buildings or structures; provided that, the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
(B) Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any non-conforming building or structure damaged by flood, fire, collapse, explosion or acts of God, subsequent to the date of this chapter, wherein the expense of the work does not exceed 50% of the replacement cost of the building or structure at the time the damage occurred.
(2001 Code, § 11.13)
§ 154.229 DISCONTINUANCE.
(A) When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period, the structure or structure and premises in combination, shall not then be used, except in conformance with the regulations of the district in which it is located.
(B) A non-conforming use shall be considered discontinued:
(1) When the intent of the owner to discontinue the use is apparent;
(2) When the characteristic equipment and the furnishing of the non-conforming use have been removed from the premises and have not been replaced by similar equipment within 90 days, unless other facts indicate the intention to resume the non-conforming use; or
(3) When it has been replaced by a conforming use.
(C) Uses or adjuncts which are or have become nuisances shall not be entitled to continue as non-conforming uses.
(2001 Code, § 11.13)
§ 154.230 NON-CONFORMING SIGNS.
(A) Signs existing on the effective date of this chapter which do not conform to the regulations set forth in this chapter shall become a non-conforming use and shall be discontinued within a reasonable period of amortization of the sign. Uses of signs which become non-conforming by reason of subsequent change in this chapter shall also be discontinued within a reasonable period of amortization of the sign.
(B) The period of amortization for signs shall be:
(1) Advertising signs: five years from 6-3-1996; and
(2) Business signs: ten years from the date of erection or five years from 6-3-1996, whichever is greater.
(C) Business signs on the premises of a non-conforming building or use may be continued, but the signs shall not be increased in number, area, height or illumination.
(D) No sign erected before 6-3-1996 shall be rebuilt, altered or moved to a new location on the affected property without being brought into compliance with the requirements of this chapter.
(2001 Code, § 11.13)