Lockport City Zoning Code
NONCONFORMING LOTS
STRUCTURES AND USES
§ 156.060 PURPOSE AND INTENT.
(A) This section regulates uses, structures and lots that do not conform to the regulations of this chapter, and specifies the terms and conditions under which such nonconforming uses and structures lawfully existing upon the adoption of this chapter may be permitted to continue. The inappropriate continuation of nonconforming uses and structures and the use of nonconforming lots can impact the orderly development of the city, property values, and the community's character.
(B) However, the historic portion of Lockport may have the greatest occurrence of nonconformities, as it is by definition the oldest part of the city. Yet, this area has a development pattern that reflects a desirable character for that historic area. Likewise, development near the historic area may have similar desirable development patterns and nonconforming situations. Accordingly, imposing reasonable conditions on the existence and continued operation of nonconforming uses and structures is necessary.
(Ord. 21-016, passed 8-18-21)
§ 156.061 NONCONFORMING LOTS.
(A) General requirement. Building permits may be issued for any principal or accessory structure (allowed in the subject zoning districts) without being brought into conformance with lot area or lot width. However, the property shall conform to all other bulk regulations.
(B) Continuation and use of substandard lots of record. A principal structure may be constructed and maintained if it is on a lot not less than 50 feet in width, meets the yard requirements specified in division (C) below, and the property is comprised entirely of one tract of land that meets all of the following standards:
(1) Has less than the prescribed minimum lot area, width or both (excepting that lot width in the R-O District may not be less than 50 feet for this standard to apply);
(2) Is shown by a recorded plot or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of that size or width at that location would not have been prohibited by any zoning code; and
(3) Has retained 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 code.
(C) Yard requirements for nonconforming lots in R-O and R-1 Zoning Districts. Construction permitted under division (A) shall comply with all the regulations, except the following yard requirements may apply in place of the front and side yard requirements otherwise applicable.
(1) The front yard setback line shall be established as the mean of the front yard setback of the buildings on the adjacent lots. However, in no case shall a detached accessory structure be built closer to the front property line than the front of an existing principal structure; nor shall a new principal structure be built closer to the front property line than the front of a previous principal structure destroyed (or removed) and being replaced.
(2) On a corner lot, there shall be a minimum setback equal to the setback on the adjacent lot, but not less than 20 feet.
(3) The garage for a residence should have a minimum front yard or corner side yard setback of 20 feet.
(4) In residential and commercial zones (except for C-4), required side yards of principal buildings shall be not less than 10% of the width of the lot, and in no case shall that require side yards of principal buildings be less than six feet in width.
(D) Nonconforming lots in zoning districts other than the R-O and R-1 Zoning Districts. Construction shall be permitted on lots that do not meet requirements for lot width, lot area, or both for the zoning district in which they are located, provided that the measured nonconforming dimension for lot area or width is within 95% of the established standard.
(E) Construction on lots less than 50-feet wide. Construction on any lot having a width less than 50 feet may be permitted only upon securing a variation for the proposed development. As part of the variation process, the Zoning Administrator shall review proposed designs for construction to confirm that plans are reflective of the context of the surrounding area and the unique and historic character of the nearby area and the city. Review of exterior design would only be considered as part of PZC deliberations should the applicant wish to appeal the determination of the Zoning Administrator, or if the Zoning Administrator determines that a determination about appropriate design is best addressed by considering such a variation. The PZC shall consider and establish as conditions any appropriate design guidelines as provided in this chapter as it may find necessary for the variation request to be in keeping with the standards for a variation and the character of the surrounding area.
(Ord. 21-016, passed 8-18-21)
§ 156.062 NONCONFORMING STRUCTURES.
(A) Continuation of nonconforming structures. Any structure, devoted to a use permitted in the zoning district in which it is located, that does not comply with the applicable bulk, height or floor area requirements, or that is located on a lot that does not comply with the applicable lot or yard requirements, or both, may be continued so long as it remains otherwise lawful subject to the restrictions in this section.
(B) Enlargement, alteration and repair of nonconforming structures. Any structure described in division (A) may be enlarged, maintained, repaired or remodeled; provided, however, that no enlargement, maintenance, repair or remodeling shall either create any additional nonconformity or increase the degree of the existing nonconformity of all or part of the structure.
(1) For structures located on a lot that does not comply with the applicable lot size requirements, the front and side yard requirements shall be as specified in § 156.061(B).
(2) An addition may be constructed to a principal structure that is lawfully nonconforming with respect to the required yard setbacks, provided the addition maintains the same or a greater yard setback than the principal structure, and does not increase the extent of the nonconformity.
(3) A multi-dwelling building that is nonconforming with regard to quantity of units may not be expanded to add additional dwelling units.
(C) Damage or destruction of nonconforming structures. In the event that any principal structure is damaged or destroyed, by any means, to an extent that repair or replacement does not exceed 75% of the cost of replacement at the time of damage or destruction (as determined by the Zoning Administrator), it can be rebuilt without conforming to all the regulations of the zoning district in which it is located, provided the restoration:
(1) Does not increase any previously-existing nonconformity;
(2) Meets all other zoning requirements;
(3) Begins within one year after the date of damage; and
(4) Is diligently pursued to completion within the time frames established by building permits, subject to extension upon proof of project construction effort.
(D) Determining values and costs related to damage or destruction to nonconforming structures. The value of a nonconforming structure shall be determined based on the county-established equalized assessed value (EAV) in place at the time of the damage or destruction. In establishing the cost of replacement or repairing damage, the Zoning Administrator shall determine which independent, third-party information source is most appropriate to apply, based on the specific circumstances of the site and the damage or destruction. These may include, but may not be limited to, use of Dodge Data and Analytics or insurance adjustment reports.
(E) Replacing nonconforming accessory structures. At the determination of the Zoning Administrator, nonconforming accessory structures described in this section may be replaced in their nonconforming location, upon finding that, because of its shape, size, topography or established trees, the property affords no alternative location or arrangement for conformity.
(F) Moving nonconforming structures. No structure described in division (A) shall be moved, in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the entire structure shall conform to the regulations of the zoning district in which it is located after being moved.
(Ord. 21-016, passed 8-18-21)
§ 156.063 NONCONFORMING USES.
(A) Continuation of nonconforming uses.
(1) A lawfully established use that becomes nonconforming with respect to this chapter on its effective date, or as a result of any subsequent amendment, may be continued, except as otherwise provided in this section.
(2) A use illegal at the time of the adoption of this chapter, or a subsequently established illegal use, shall not become a nonconforming use by reason of the adoption or amendment of this code, but shall remain an illegal use, except where it is allowed in the zoning district in which it is located.
(B) Change of nonconforming use. A nonconforming use shall not be changed to any use other than a use permitted in the zoning district in which the use is located. When a nonconforming use has been changed to any permitted use, it shall not be changed back to a nonconforming use. For purposes of this section, a use shall be deemed to have been so changed, when an existing nonconforming use shall have been terminated and a permitted use shall have commenced and continued for a period of seven days.
(C) Enlargement of a nonconforming use. No structure devoted, in whole or in part, to a nonconforming use shall be enlarged or added to in any manner, unless the use conducted in the added area shall conform to the regulations of the district in which it is located.
(D) Repairs, alterations and maintenance of structures containing nonconforming uses.
(1) No structure devoted, in whole or in part, to a nonconforming use shall be altered in any way unless the entire structure and use shall conform to all regulations of the zoning district in which it is located. Alterations designed to increase the intensity of a nonconforming use, or to introduce new nonconforming uses, are prohibited.
(2) Normal maintenance and incidental repair or replacement may be performed on any structure that is devoted, in whole or in part, to a nonconforming use, provided such work is in keeping with this section.
(3) Nothing in this chapter shall be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety, declares the structure to be unsafe, and orders its restoration to a safe condition. Such work shall not increase the extent of any nonconformity, unless necessary to establish a safe condition, in which case the least possible increase of a nonconformity shall be allowed.
(E) Damage or destruction to structures containing nonconforming uses. In the event that any structure devoted, in whole or in part, to a nonconforming use is damaged or destroyed, by any means, to an extent that repair or replacement does exceed 75% of the cost of replacement at the time of damage or destruction (as determined by the Zoning Administrator), the structure shall not be restored unless the use conforms to the zoning district in which it is located. When the damage or destruction is 75% or less of the cost of replacement new, no repairs or restoration shall be made unless zoning certification is obtained, restoration is begun within one year after the date of damage, and is diligently pursued to completion within the time frames established by building permits, subject to extension upon proof of project construction effort.
(F) Determining values and costs related to damage or destruction to nonconforming structures. The value of a nonconforming structure shall be determined based on the county-established equalized assessed value (EAV) in place at the time of damage or destruction. In establishing the cost of replacement or repairing damage, the Zoning Administrator shall determine which independent, third-party information source is most appropriate to apply, based on the specific circumstances of the site and the damage or destruction, These may include, but may not be limited to, use of Dodge Data and Analytics or insurance adjustment reports.
(G) Moving nonconforming uses. No structure devoted, in whole or in part, to a nonconforming use shall be moved, in whole or in part, for any distance whatsoever to any other location on the same or any other lot, unless the entire structure and the use thereof shall thereafter conform to regulations of the zoning district in which it is located after being so moved. No nonconforming use of land shall be moved, in whole or in part, for any distance to any location on the same lot or any other lot, unless the use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
(H) Discontinuance or abandonment of nonconforming uses.
(1) Nonconforming use of land. When a nonconforming use of land, not involving a structure, or involving only a structure that is accessory to the nonconforming use of land, is discontinued or abandoned for a period of two consecutive months (regardless of any reservation of an intent not to abandon or to resume the use), the use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of the land shall comply with the regulations of the zoning district in which it is located.
(2) Nonconforming uses in structures. When a nonconforming use of part or all of a structure is discontinued or abandoned for a period of one year (regardless of any reservation of an intent not to abandon or to resume the use), the use shall not be reestablished or resumed. Any subsequent use or occupancy of the structure shall comply with the regulations of the zoning district in which it is located.
(3) Nonconforming accessory uses. No use accessory to a principal nonconforming use shall continue after the principal use shall have ceased or been terminated.
(Ord. 21-016, passed 8-18-21)