New Auburn Village City Zoning Code
ARTICLE XI
Nonconforming Uses, Structures and Lots
§ 350-115 Purpose.
The purpose of this article is to establish regulations for the following nonconforming situations created legally prior to the effective date of this chapter: nonconforming uses, nonconforming and substandard lots, nonconforming structures, and other nonconforming sites.
§ 350-116 Existing nonconforming uses.
A.
The lawful and established nonconforming use of a structure or land, including but not limited to fences, parking and buildings, existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter. However, only that portion of the land in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.
B.
Substitution of new equipment may be permitted by the Zoning Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
C.
If a nonconforming use or the use (conforming or nonconforming) of a structure that is nonconforming (as it relates to zoning setbacks, heights, etc.), is discontinued for a period of 12 months, any future use of the building, premises, structure, or fixture shall conform to this chapter.
§ 350-117 Existing nonconforming structures.
A.
The lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this chapter. However, it shall not be extended, enlarged, reconstructed, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.
B.
Total lifetime structural repairs or alterations of a lawfully established nonconforming building shall not exceed 50% of the Village's assessed value of the building, premises, structure, or fixture at the time of it becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.
C.
Repair and maintenance of certain nonconforming structures.
(1) DEVELOPMENT REGULATIONS NONCONFORMING STRUCTURE
Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
The parts of this chapter that apply to elements including setback, height, lot coverage, and side yard.
A dwelling or other building that existed lawfully before this chapter was enacted or amended, but that does not conform to one or more of the development regulations in this chapter.
(2)
Nothing in this chapter prohibits, or limits based on cost, the repair, maintenance, renovation, or remodeling of a nonconforming structure.
D.
Restoration of certain nonconforming structures.
(1)
Restrictions in this chapter that are applicable to damaged or destroyed nonconforming structures and that are contained in an ordinance enacted under this subsection do not prohibit the restoration of a nonconforming structure if the structure will be restored to the size, location, and use that it had immediately before the damage or destruction occurred, or impose any limits on the costs of the repair, reconstruction, or improvement if all of the following apply:
(2)
The structure may be larger than the size it was immediately before the damage or destruction if necessary, for the structure to comply with applicable state or federal requirements.
E.
Building destroyed by fire. Where a building located in a district restricted against its use has been destroyed by fire or other calamity to the extent of not more than 50% of its value assessed by the Village, the same may be rebuilt; but where such a building is destroyed to the extent of more than 50% of its assessed value, a permit may be granted for its reconstruction within 12 months from the date of such fire or other calamity, except any public utility located in a restricted district shall be permitted to rebuild, alter or enlarge in any business or industrial district as the interest of the public demands.
§ 350-118 Changes and substitutions.
Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the Zoning Board of Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the previous use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Zoning Board of Appeals.
§ 350-119 Nonconforming and substandard lots.
A.
No lot shall be created which does not meet the lot dimensional requirements of the associated zoning district.
B.
Legal nonconforming or substandard lots, as detailed in Article II of this chapter, may be utilized as a building site for a permitted use (but not for a conditional use) in the associated zoning district, if all of the following apply:
C.
Conforming structures existing at the time of the adoption or amendment of this chapter may be continued, although the lot does not conform to the newly adopted or amended requirements of this chapter, as long as all uses on the lands containing the structure are legal conforming uses.
D.
Each aforementioned structure may be extended, enlarged, substituted, moved, remodeled, modified, added to, or rebuilt as long as any such change conforms to the established building setback lines along streets and the other lot and building requirements of this chapter.