Lewiston City Zoning Code
NON-CONFORMITIES
§ 152.020 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GENERAL DESCRIPTION. A use, structure or lot that does not conform to this chapter.
NON-CONFORMING LOT. Any single lot of record existing on the effective date of a zoning ordinance or amendment thereto that fails to meet the requirements for area, shape, width or depth established for the district in which the lot is located.
NON-CONFORMING STRUCTURE. Any building or structure lawfully existing on the effective date of a zoning ordinance or amendment thereto that fails to meet the requirements for location, height, bulk, number of stories, building materials, percentage of lot that may be occupied, set back from lot lines, side yards and other open space, distances from other use district and any other requirements relating to the physical makeup and location of structures and buildings in the district in which it is located.
NON-CONFORMING USE. Any use of a structure or land lawfully existing on the effective date of a zoning ordinance or amendment thereto that is not permitted or does not comply with the performance standards for the use district in which it is located.
(Prior Code, § 902.01)
§ 152.021 RESTRICTIONS ON CONTINUATION OF NON-CONFORMITIES.
(A) All non-conforming uses shall be required to obtain a permit from the Zoning Administrator within 12 months from the date of enactment of this chapter or code. The Zoning Administrator may require from the applicant for a non-conforming use permit the following information:
(1) Specific type of use including the type of manufacturing process, storage, service or other method of operation of the business enterprise, including the type of products manufactured, processed or sold;
(2) The area of the lot used by the non-conforming use;
(3) The amount of interior floor space involved in the non-conforming use of any structure;
(4) The volume of business in terms of units, transportation units per day and hours of operation; and
(5) The investment in and current value of the non-conforming use including the estimated market value on tax statements for any real property improvements, including structure and fixtures, as well as significant improvement involved in the non-conforming use.
(B) Except as otherwise provided by law, any non-conformity, including the lawful use or occupation of land or premises existing at the time of the enactment of this code or chapter, may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless:
(1) The occupancy or non-conforming use is discontinued for a period of 12 months. Any further use of the structures or property shall thenceforth conform to this chapter or code. Discontinuance of a non-conforming use shall include voluntary destruction of non-conforming buildings, voluntary change from a non-conforming use to a conforming use or a voluntary change from one non-conforming use to another non-conforming use; or
(2) The non-conforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no building permit for repair or replacement of the structure has been applied for within 180 days of when the property was damaged; reconstruction, rehabilitation or rebuilding of the structures or replacement of the equipment on the site shall conform to this Zoning Code. In the event no building permit has been applied for within 180 days of when the property is damaged, the city may impose upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body.
(C) In the event that any non-conforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no building permit for repair or replacement of the structure has been applied for within 180 days of when the property was damaged; reconstruction, rehabilitation or rebuilding of the structures or replacement of the equipment on the site shall conform to this Zoning Code. In the event that the building permit has been applied for within 180 days of when the property was damaged, the city may impose reasonable conditions upon a building permit in order to mitigate any newly-created impact on adjacent property.
(D) All non-conforming junkyards, open storage areas of waste or building materials, or any other accumulation of materials or other use that constitutes a nuisance under any sections of this city code shall be removed, altered or otherwise made to conform to this chapter, and shall not have any vested right to continue, even if the use existed prior to adoption of this code.
(E) Routine maintenance of a building or other structure, fixtures or equipment, related to a lawful non-conforming use shall be permitted; provided such maintenance is non-structural and the maintenance does not extend the useful life or intensify the non-conforming use.
(F) The provisions of this division (F) do not prohibit the city from enforcing any other ordinance or portion of the code that applies to adults-only bookstores, adults-only theaters or similar adult-businesses, as defined in this code.
(Prior Code, § 902.03)