Kent City Zoning Code
ARTICLE XIV
Nonconforming Uses and Noncomplying Buildings
§ 77-47 Nonconforming buildings and uses.
[Amended 10-29-2013 by L.L. No. 4-2013]
The following provisions shall apply to all buildings and uses legally existing on the effective date of this chapter which do not conform to the requirements set forth in this chapter and to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter:
A.
Except as provided hereinafter, nonconforming use of buildings or open land and, regardless of change of title, possession or occupancy or right thereof, any nonconforming buildings may be continued indefinitely, but:
(1)
Shall not be enlarged, altered, extended, reconstructed or restored, except as provided elsewhere in this article, or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever.
(2)
Shall not be moved to another location where such use would be nonconforming.
(3)
Shall not be changed to another nonconforming use without approval by the Planning Board, and then only to a use which, in the opinion of said Board, is of the same or of a more restricted nature.
(4)
Shall not be reestablished if such use has been discontinued for any reason for a period of 18 months or periods aggregating 18 months during any twenty-four-month period, except that seasonal uses that remain in operation for two months during each year may continue unless they are discontinued over a full twelve-month period. Intent to resume a nonconforming use shall not confer the right to do so.
(5)
Shall not be reestablished if such use has been destroyed, or changed to or replaced by a conforming use.
B.
Upon a finding by the Planning Board that a proposed remodeling of a nonconforming building, including the improvement of its exterior appearance and of its grounds, would result in enhancing the compatibility of such building with its surroundings, said Board may authorize the issuance of the necessary permits. For purposes of this section, the term "remodeling" may include enlargement of the building to an extent not exceeding 25% of its area on the effective date of this chapter, provided that the Board shall find that such expansion will not diminish the compatibility of said building with the existing or potential use of immediately adjacent properties.
C.
Merger of lots. Any substandard plot of land owned by or acquired under any circumstances by an adjoining landowner shall, for the purposes of this Code, be considered as having merged into one plot, and the plots so merged shall be considered as one plot in its entirety.
§ 77-48 Noncomplying buildings.
[Amended 10-29-2013 by L.L. No. 4-2013]
A.
A noncomplying principal building shall not be reestablished in its noncomplying location nor restored in other than a complying location after such building shall have been damaged, which damage shall exceed 75% of its bulk or square footage, unless such restoration is completed within two years from the date of such destruction. A noncomplying accessory building shall not be reestablished in its noncomplying location nor restored in other than a complying location after damage for any reason exceeding 75% of its bulk or square footage.
B.
Nothing in this article shall be deemed to prevent normal maintenance and repair of, in or to a noncomplying building.
§ 77-49 Repairs and maintenance.
Notwithstanding any of the foregoing regulations, nothing in this article shall be deemed to prevent normal maintenance and repair of any building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety.