Kenilworth City Zoning Code
NONCONFORMING LOTS
STRUCTURES AND USES
§ 153.205 INTENT.
(A) Within the districts established by this chapter or by future amendment hereof, there may exist lots, structures and uses of land and structures which are lawfully existing at the time of passage of this chapter or an amendment, but which are or would be prohibited, regulated or restricted by this chapter or the amendment. It is the intent of this subchapter to permit these lawfully existing nonconformities (herein referred to as “nonconformities”) to continue until they are removed or terminated, but not to encourage their survival. It is further the intent of this subchapter that the nonconformities shall not be enlarged upon, expanded or extended, not be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Any structure or use which is not lawfully existing at the time of passage of this chapter or any future amendment hereto and which is in conflict with the requirements of this chapter or an amendment shall remain unlawful under this chapter or an amendment.
(B) Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, of land or of structure and land in combination shall not be extended or enlarged after passage of this chapter by the addition of other uses of a nature which would be prohibited generally in the district involved.
(Ord. 577, passed 4-14-1969; Ord. 1057, passed 2-22-2011)
§ 153.206 NONCONFORMING LOT IN RESIDENCE DISTRICT.
(A) In any residence district, notwithstanding regulations imposed by other provisions of this chapter, a single-family dwelling or an addition thereto and customary accessory buildings, all of which comply with subsection (B) below, may be constructed on a lot consisting entirely of a tract of land that:
(1) Has less than the prescribed minimum lot size;
(2) Is shown by a recorded or registered plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of the size at the same location would not have been prohibited by any zoning ordinance; and
(3) Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of the lot has been prohibited by the applicable zoning ordinance.
(B) Construction permitted by subsection (A) above shall comply with all regulations (except minimum lot area) that are generally applicable in the district in which the lot is located, subject only to variances, if any, as shall be obtained only through action of the Board of Appeals.
(C) If two or more lots of record or combinations of lots of record and portions of lots of record, with continuous frontage, are in single ownership at April 14, 1969 or at any time thereafter, and if all or part of the lots do not meet the requirements established for lot area in the residence district in which they are located, the lands involved shall be considered to be an undivided parcel for purposes of this chapter, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot area requirements established for the district by this chapter, nor shall any division of any parcel be made which creates a lot with an area below the requirements stated in this chapter for the district.
(Ord. 577, passed 4-14-1969)
§ 153.207 NONCONFORMING USES OF LAND.
Where at the time of passage or amendment of this chapter lawful use of land exists which would not be permitted by the regulations imposed by this chapter or an amendment, the use may be continued so long as it remains otherwise lawful, provided:
(A) No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the date of passage or amendment of this chapter;
(B) No nonconforming use shall be moved in whole or in part to any portion of the land other than that occupied by the use at the date of passage or amendment of this chapter;
(C) If any nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of the land shall conform to the regulations specified by this chapter for the district in which the land is located; and
(D) No additional structure not conforming to the requirements of this chapter shall be erected in connection with the nonconforming use of land.
(Ord. 577, passed 4-14-1969)
§ 153.208 NONCONFORMING STRUCTURES USED FOR A PERMITTED USE.
Where a lawful structure exists at the time of passage or amendment of this chapter that could not be built under the terms of this chapter or an amendment by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) The structure may be enlarged, repaired or structurally altered, provided that no enlargement, repair or alteration shall either create an additional nonconformity or increase the extent of any existing nonconformity.
(B) If the nonconforming structure is located in any district other than Districts R-1, R-2, R-3 and R-4 and is damaged or destroyed by any means to an extent of more than 75% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the regulations for the district in which it is located.
(C) If the nonconforming structure is located in Districts R-1, R-2, R-3 or R-4 and is damaged or destroyed to an extent of more than 75% of its replacement cost at the time of its destruction, by any means not within the control of the owner thereof, such as fire, flood, earthquake, tornado or other acts of God, it may be reconstructed to the same size and location as was existing prior to the damage or destruction; provided, however, that the structure was lawfully existing at the time of its construction and no repair, restoration or reconstruction shall be made that would create an additional nonconformity or increase the extent of any nonconformity existing at the time of destruction.
(Ord. 577, passed 4-14-1969; Ord. 946, passed 10-11-2005)
§ 153.209 NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION.
If lawful use of structures or of structures and land in combination exists at the date of passage or amendment of this chapter, that would not be allowed in the district in which located under the terms of this chapter or an amendment, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No structure shall be enlarged, extended, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(B) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for the use at the time of passage or amendment of this chapter, but no use shall be extended to occupy any land outside the building.
(C) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
(D) When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises), the structure or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(E) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. For this purpose, DESTRUCTION is defined as damage to an extent of more than 75% of the replacement cost at time of destruction.
(Ord. 577, passed 4-14-1969)
§ 153.210 REPAIRS AND MAINTENANCE.
(A) On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, provided that the cubic content existing when the structure became nonconforming shall not be increased.
(B) If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
(C) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of the official.
(Ord. 577, passed 4-14-1969)
§ 153.211 USES PERMITTED AS SPECIAL USES NOT NONCONFORMING USES.
Any use which is permitted as a special use in any district under the terms of this chapter shall not be deemed a nonconforming use in the district but shall without further action be considered a conforming use.
(Ord. 577, passed 4-14-1969)