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Lancaster City Zoning Code

CHAPTER 1153

Nonconformities

1153.01 INTENT.

   The purpose of this Chapter is to allow for the continuation of uses and structures that were lawfully permitted prior to the enactment of this Code or amendments thereto but do not conform to the currently adopted regulations.
(Ord. 15-23. Passed 8-14-23.)

1153.02 EXISTING LAND OR BUILDINGS.

   Any use, land or building that lawfully existed on the effective date of this Zoning Ordinance may be continued, even though such use does not conform to the provisions in this current Zoning Ordinance. No non-conforming building, structure, or use shall be moved, extended, enlarged, reconstructed, or structurally altered, except as provided in this Zoning Ordinance. (Ord. 15-23. Passed 8-14-23.)

1153.03 CONSTRUCTION COMMENCED.

   The construction, change, or remodeling of a use, structure, or building that was legally commenced prior to the effective date of this Zoning Ordinance or amendment thereto but does not conform to these regulations may be continued as long as the following criteria are met:
   (a)   The property was purchased or otherwise legally acquired prior to the effective date of this Zoning Ordinance or amendment thereto making it non-conforming.
   (b)   Said work has been completed within two (2) years of the effective date of this Zoning Ordinance or amendment making it non-conforming.
      (Ord. 15-23. Passed 8-14-23.)

1153.04 LOTS OF RECORD.

   (a)   A Lot of Record is any lot or parcel of land that was lawfully created by a subdivision plat of record or by a metes and bounds description and recorded in the County Recorder's Office prior to the effective date of this Ordinance.
   (b)   Any lot of record existing on the initial effective date of this Ordinance may be used for any single family dwelling when such use is permitted in the District, regardless of the width or area of said lot, provided all of the following criteria are met:
      (1)   Adequate access is provided to the lot as determined by the City Engineer and Fire Chief.
      (2)   The side setback for any lot of record shall not be less than ten percent (10%) of the width of the lot, and in no case shall a side yard be less than three (3) feet.
      (3)   The rear setback for any lot of record shall not be less than twenty percent (20%) of the depth of the lot, and in no case shall the rear yard be less than ten (10) feet.
      (4)   Accessory structures shall comply with all side and rear setback requirements in the applicable District regulations.
   (c)   In any District where dwellings are not listed as a permitted use, a lot of record may be used for any permitted use in the District in which it is located, provided the following criteria are met:
      (1)   The side setback shall be a minimum of ten percent (10%) of the lot width.
       (2)   The rear setback shall be a minimum of twenty percent (20%) of the lot depth.
      (3)   All other regulations for the District, including but not limited to impervious surface ratio, shall apply as stated in the applicable Zoning District.
   (d)   Any lot of record that contains a structure that complies with the regulations in this Section shall be considered to be in compliance with these Zoning Regulations.
(Ord. 15-23. Passed 8-14-23.)

1153.05 NON-CONFORMING STRUCTURES.

   (a)   A non-conforming structure is any building or structure lawfully existing on the effective date of these regulations or amendment thereto, which does not conform to the development standards of the District in which it is located.
   (b)   A non-conforming structure may continue to exist in accordance with the provisions of this Chapter.
   (c)   A non-conforming structure may be enlarged, maintained, repaired, or structurally altered, provided, the existing non-conformity is not increased or extended and no new non-conformities are created, except however, a front porch may be added to an existing non-conforming structure provided in complies with the average setback as defined in Chapter 1161 .
   
   (d)   A non-conforming structure shall not be moved in whole or in part for any distance to any other location on the same or any other lot. If such structure is moved, the entire structure shall conform to the regulations of the applicable Zoning District in which it is located. A Zoning Clearance Permit shall be required prior to moving such Structure.
   (e)   A non-conforming mobile home, as defined in this Code, located in any District, once removed shall not be relocated on such lot, or replaced with another mobile home.
(Ord. 15-23. Passed 8-14-23.)

1153.06 NON-CONFORMING USES.

   (a)   A non-conforming use is any use that was lawfully being conducted within any building or on any land on the effective date of these regulations or amendment thereto but is not listed as a permitted use of the District in which it is located.
   (b)   A non-conforming use may continue to operate in its current location in accordance with the provisions of this Chapter.
   
   (c)   The Board of Zoning Appeals may authorize a non-conforming use to be changed to another non-conforming use, provided the proposed use is equally appropriate or more appropriate to the District than the existing non-conforming use. The Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with other provisions of this Zoning Code, which if violated are punishable under Chapter 1155 of this Zoning Code.
   (d)   Unless otherwise permitted by this Chapter, a non-conforming use shall not be enlarged, extended or expanded.
   (e)   The Board of Zoning Appeals may permit, on a once-only basis, the expansion of a non-conforming use, provided such expansion does not exceeding twenty-five percent (25%) of the ground floor area of the existing building or buildings devoted to a non-conforming use at the time of enactment of this Zoning Ordinance or at the time of its amendment making a use non-conforming. The Board of Zoning Appeals shall not authorize any enlargement which would:
      (1)   Result in a violation of the provisions of this Zoning Ordinance with respect to any adjoining premises;
      (2)   Occupy ground space required for meeting the setback or other requirements of this Zoning Ordinance.
         (Ord. 15-23. Passed 8-14-23.)

1153.07 DISCONTINUANCE.

   A non-conforming use which has been discontinued or abandoned shall not thereafter be returned to a non-conforming use. A non-conforming use shall be considered abandoned whenever either of the following conditions exist:
   (a)   When the use has been voluntarily discontinued for a period of six (6) months. It is the responsibility of the applicant to prove the non-conforming use has not been discontinued.
   (b)   When the non-conforming use has been replaced by a conforming use.
      (Ord. 15-23. Passed 8-14-23.)

1153.08 DAMAGE AND/OR DESTRUCTION OF A NON-CONFORMING BUILDING OR USE.

   When a building or structure, the use of which does not conform to the provisions of this Ordinance, is damaged by fire, explosion, public enemy or act of God, it may be restored or rebuilt and continued in such non-conforming use provided that the restoration or rebuilding is commenced within twelve (12) months of the time of damage, that construction is completed within twenty-four (24) months, and that such restoration or rebuilding would not extend or expand the existing use, except as may be permitted in Section 1153.06 above.
   If any part of the damaged or destroyed building encroaches or intrudes on an adjacent property, the location of the restored or rebuilt structure is subject to approval by the Board of Zoning Appeals. If the restoration or rebuilding of the structure involves extension or expansion of the use, the provisions of Section 1153.06 shall apply.
(Ord. 15-23. Passed 8-14-23.)

1153.09 MAINTENANCE AND REPAIR.

   Nothing in this chapter shall be deemed to prevent normal maintenance and repair of a building or structure containing a non-conforming use. Structural alterations may be made to a building or structure containing a non-conforming use when at least one of the following conditions exist:
   (a)   When required by law.
   (b)   To convert to a conforming use.
   (c)   A building or structure containing residential non-conforming uses may be so altered as to improve interior livability. However, no structural alterations shall be made which exceed the area or height requirements or which would extend into any yard required in the District in which such building is located.
      (Ord. 15-23. Passed 8-14-23.)

1153.10 NON-CONFORMING SIGNS.

   (a)   Any sign erected prior to the effective date of this section, constructed in conformance with the ordinances and other applicable laws in effect on the date of its construction, but which by reason of its size, height, location, design, or construction is not in conformance with the regulations of this chapter may be continued as a legal non-conforming sign. Said signs must be located outside of the right-of-way unless otherwise approved by the City Engineer, a right-of-way permit has been issued for said sign and the annual right-of-way fee has been paid.
   (b)   A legal non-conforming sign shall immediately lose its legal non-conforming designation and shall be immediately brought into compliance with this chapter and a new permit secured if so required, or shall be removed upon any of the following occurrences:
      (1)   The non-conforming sign is structurally altered, enlarged, relocated or replaced.
      (2)   The non-conforming sign is determined by the City Planner or designee or the Chief Building Official: to be in a dangerous or defective condition; to fail to conform to health and fire codes; a public nuisance; or abandoned, deteriorated; or in need of repair or replacement.
      (3)   The non-conforming sign face and/or supportive structure is destroyed or damaged in excess of fifty percent (50%) of the combined replacement value of the sign and supportive structure, by any cause.
   (c)   No non-conforming sign shall be moved in whole or in part to any other location unless such sign is made to conform to this chapter, unless forced to move the non-conforming sign by the City, state, or federal officials for any reason other than enforcement.
   (d)   Nothing in this section shall prevent the ordinary repair, maintenance, and non-structural alteration of non-conforming signs. Maintaining the non-conforming sign to the exact legal non-conforming design shall be allowed; however, any proposed changes to a non-conforming sign, except for replacement faces, shall require that the sign be made to conform to the requirements of this chapter. No structural alterations shall be made in, to, or upon such non-conforming sign, except those required by law to make the sign conform to the requirements of this chapter. (Ord. 15-23. Passed 8-14-23.)