Ithaca City Zoning Code
ARTICLE 19
Nonconforming Uses and Structures
§ 19.01 Purpose.
(a)
It is the purpose of this article to permit the continuation of a lawful use of any building or land existing at the effective date of this ordinance even though such use of land or structure may not conform with the provisions of this ordinance. However, those nonconformities which adversely affect orderly development and the value of nearby property are not permitted to continue without restriction.
(b)
The zoning regulations established by this ordinance are designed to guide the future uses of land by encouraging appropriate groupings of compatible and related uses and thus promoting and protecting the public health, safety and general welfare. The continued existence of nonconformities is frequently inconsistent with the purposes for which this ordinance is established, and therefore, the gradual elimination of the nonconformities is generally desirable. Although the regulations of this article permit existing nonconformities to continue without specific limitation of time they are generally intended to restrict further investments which would make those nonconformities more permanent.
(c)
This article distinguishes between major nonconforming uses or structures and minor nonconformities and different regulations are established for each. The extent of the restrictions in each category is a function of the degree to which that category of nonconformity is a nuisance or is incompatible with the surrounding uses of land and the purposes and regulations of this ordinance.
§ 19.02 Major nonconforming use or structure.
19.02:1.
List of major nonconforming uses. A major nonconforming use is any use listed in the table below for the district in which it is listed.
Zoning District | Major Nonconforming Use |
|---|---|
R-1 Rural Residential District | Industrial use Commercial use, except for golf courses and golf driving ranges |
R-2 Suburban Residential District | Industrial use Commercial use, except for funeral homes |
R-3 Community Residential District | Industrial use commercial use, except for funeral homes |
R-4 Multiple-Family Residential District | Industrial use Commercial use, except within a planned unit development |
RO Restricted Office Commercial District | Industrial use |
C-1 Central Business District | Industrial use |
C-2 General Commercial District | Industrial use |
I-1 Industrial District | Residential use |
19.02:2.
Change of use. A major nonconforming use or structure shall not be changed to any use other than a use permitted in the zoning district in which it is located.
19.02:3.
Restoration and repairs. Major nonconforming uses or structures shall not be reestablished in their nonconforming condition in any zoning district after damage or destruction if the estimated expense of reconstruction exceeds 50% of the appraised replacement cost of the use or structure.
19.02:4.
Discontinuance. If a major nonconforming use ceases, for any reason, for a period of more than 180 consecutive days, such discontinuance shall be considered conclusive evidence of an intention to abandon the nonconforming use. At the end of this period of abandonment, the nonconforming use shall not be reestablished and any future use on all or a portion of the premises shall be in conformity with the provisions of this ordinance.
§ 19.03 Minor nonconforming use or structure.
A minor nonconforming use or structure is any nonconforming use or structure which is not a major nonconforming use or structure.
§ 19.04 Minor nonconforming uses of land.
At the effective date of adoption or amendment of this ordinance, if a lawful use of land exists that is no longer permissible under the terms of this ordinance as enacted or amended, that use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a)
Enlargement. No such nonconforming use shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.
(b)
Moving of nonconforming use. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance.
(c)
Change of use. A nonconforming use shall not be changed to another nonconforming use except after approval of the Planning Commission. Before granting such approval, the Planning Commission shall determine that the change in use will have a less deleterious effect on neighboring properties than the existing nonconforming use.
(d)
Discontinuance. If the nonconforming use of land ceases for any reason for a period of more than 180 consecutive days, the discontinuance shall be considered conclusive evidence of an intention to abandon the nonconforming use. The time limit of discontinuance may be extended beyond the 180 days, for a period of time not to exceed one year upon proper application to the Planning Commission within the 180-day period and upon presentation of evidence that an unnecessary hardship or practical difficulty would exist should the 180-day limitation be strictly enforced. At the end of this period of abandonment, the nonconforming use shall not be reestablished, and any future use shall be in conformity with the provision of this ordinance. Seasonal nonconforming uses currently found in the City and which, by their nature, operate habitually or customarily during a given period of the year not exceeding eight consecutive months, shall be exempted from this requirement.
(e)
Expansion. No nonconforming use shall be physically extended or expanded to displace a permitted conforming use.
§ 19.05 Nonconforming uses eliminated.
Notwithstanding the provisions of § 19.04, such nonconforming uses as signs, billboards, open storage or similar uses shall be discontinued by December 31, 1999. In addition, and in accordance with Public Act No. 110 of 2006 (MCL § 125.3101 et seq.), as amended, the Council may from time to time acquire real property on which nonconforming uses or structures are located by purchase or condemnation, and may remove such uses or structures and resell the property for a conforming use or develop it for a public use. The net cost of such acquisition may be made a special assessment against a benefit district or may be paid from other sources of revenue.
§ 19.06 Minor nonconforming structures.
Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance because of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, the structure may be continued as long as it remains otherwise lawful, subject to the following provisions:
(a)
Nonconforming structures shall not be altered or expanded without the prior approval of the Planning Commission, except that the following structural alterations may be permitted without prior approval of the Planning Commission:
(1)
Structural alterations or extensions adding to the bulk of a structure which is nonconforming only by reason of lot size or lot width, provided that the alteration or extension of the structure shall not increase the extent of nonconformity and shall satisfy all other applicable site development regulations.
(2)
Structural alterations which do not add to the bulk of the structure or increase the intensity of use of the structure.
(b)
Nonconforming buildings or structures may be structurally altered, but not expanded, so as to prolong the life of the building or structure.
(c)
After damage or destruction of a nonconforming structure, it may be reestablished in its nonconforming condition if the building or structure is nonconforming only because it has an insufficient setback or because of its location on a site having a size, width, or both less than prescribed in the applicable sections of this ordinance.
§ 19.07 Repairs and maintenance.
Repairs and maintenance may be performed on any building devoted in whole or in part to a nonconforming use, including ordinary repairs or repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50% of the assessed value (25% of true cash value) of the building during any period of 12 consecutive months. However, the cubic content of the building as it existed at the time of passage or amendment of this ordinance shall not be increased. Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part of a building declared to be unsafe by any official charged with protecting the public safety and upon order of the official.
§ 19.08 Prior construction approval.
Nothing in this article shall prohibit the completion of construction and use of a nonconforming building for which a building permit has been issued prior to the effective date of this ordinance, provided that construction is commenced within 90 days after the date of issuance of the permit, that construction is carried on diligently and without interruption for a continuous period in excess of 30 days, and that the entire building shall have been completed according to the plans filed with the permit application within two years after the issuance of the building permit.
§ 19.09 Change of tenancy or ownership.
There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures, and premises provided there is no change in the nature or character of such nonconforming use.
§ 19.10 Nonconforming due to reclassification.
The foregoing provisions of this article shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of districts under this ordinance or any subsequent change in the regulations of this ordinance.