Ithaca City Zoning Code
ARTICLE VI
Nonconforming Uses, Buildings and Lots
§ 325-32 General requirements.
A.
Any use, building or lot that was lawfully established prior to, and has been made nonconforming as of, the effective date or subsequent amendment of this chapter, may continue so long as the nonconformity remains otherwise lawful and complies with this section. Any rights conferred upon a nonconformity run with the property and are not affected by changes in tenancy or ownership.
B.
The burden of establishing the prior existence of a nonconformity is on the property owner or applicant. When applying for any permit or approval related to a nonconformity, the applicant may be required to submit evidence of a prior permit or other documentation showing that the nonconformity existed prior to the date on which it became nonconforming.
C.
When the boundaries of a district are changed to transfer a lot from one district to another district with different regulations, or when the use or area regulations of a district are changed, the provisions of this article shall apply to any nonconforming uses or structures created.
§ 325-33 Nonconforming uses.
A.
A nonconforming use may not be expanded in area or increased in intensity, except by means of a use variance granted by the Board of Zoning Appeals.
B.
The structure containing the nonconforming use may be altered only if the alterations constitute ordinary repairs or maintenance or are designed to eliminate a nonconformity.
C.
A nonconforming use may only be changed to a use permitted in the district in which it is located. Once changed to a conforming use, no building or lot shall be permitted to revert to a nonconforming use.
(1)
A change of use is deemed to occur when an existing nonconforming use has been terminated and another use has commenced.
D.
Should the nonconforming use cease to operate for a period of 12 successive months or more, the right to operate the nonconforming use shall be terminated.
E.
When a structure containing a nonconforming use is damaged or destroyed by fire or other cause of damage that is not within the control of the owner, the nonconforming use may be reestablished provided that no new nonconformities are created and the previous nonconformity is not exacerbated. A building permit for repairs or reconstruction must be granted within one year of the date of damage or destruction. In the event that a building permit is not obtained within one year of said date, the nonconforming use may not be reestablished.
§ 325-34 Nonconforming buildings and lots.
A.
A nonconforming building or structure may be altered in the following circumstances:
(1)
The alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official of the City of Ithaca.
(2)
The alteration constitutes routine repair or maintenance or is designed to eliminate a nonconformity.
(3)
The alteration conforms to the provisions of this chapter and does not exacerbate the existing deficiency or create a new nonconformity.
(4)
The alteration exacerbates an existing deficiency or creates a new nonconformity and has been granted a zoning permit by the Director of Planning and Development or an area variance by the Board of Zoning Appeals.
B.
When a nonconforming building or structure that is used in its entirety for a conforming use is damaged by fire or other cause of damage that is not within the control of the owner, it may be rebuilt or reconstructed to its previous condition. A building permit for repairs or reconstruction must be granted within one year of the date of damage or destruction. In the event that a building permit is not obtained within one year of said date, the structure must be repaired or rebuilt in conformance with all applicable requirements of this chapter.
§ 325-35 Zoning permit and variance eligibility.
A.
The Director may issue a zoning permit for specific deficiencies on existing nonconforming buildings, structures, or lots. Zoning permits shall be available for the following area deficiencies:
(1)
Lateral or vertical extension of an existing yard deficiency.
(2)
Setback deficiencies for replacement accessory structures under 500 square feet.
(3)
Yard setback and/or lot coverage by building deficiencies resulting from accessibility improvements on nonconforming structures or uses.
(4)
New or exacerbated side or rear yard deficiencies where at least 50% of the yard is provided.
(5)
Exacerbated lot coverage by buildings deficiencies where total lot coverage is increased by 5% or less over existing conditions.
(6)
New lot coverage by buildings deficiencies on existing structures where total lot coverage does not exceed the district maximum regulation by more than 5%.
(7)
Temporary area deficiencies that will remain for less than 30 days.
B.
The Board of Zoning Appeals must review area variance requests for the following area deficiencies: