New Whiteland City Zoning Code
NON-CONFORMING USES
§ 156.230 NON-CONFORMING USES, LOTS, BUILDINGS AND STRUCTURES.
(A) Within the districts established by this chapter or by amendments that may be adopted later, there exist the following, which were lawful before the effective date of this chapter, but which would be prohibited, regulated or restricted under the terms of this chapter:
(1) Non-conforming uses; and
(2) Non-conforming structures; and
(3) Non-conforming uses of land and structures in combination.
(B) It is the purpose of these zoning regulations to prohibit the enlargement, expansion or extension of such non-conforming lots, structures and uses.
(2004 Code, § 7-100)
§ 156.231 EXISTING USES.
Any lawful lot, structure or use of land existing at the effective date of this chapter which will become a non-conforming use by the terms of this chapter shall not be considered to be in violation of these regulations. However, any such lot, structure or use shall be subject to their continuance, change and discontinuance.
(2004 Code, § 7-101)
§ 156.232 BUILDINGS UNDER CONSTRUCTION.
To avoid undue hardship, nothing in this chapter shall be interpreted to require a change in the plans, construction or designated use of any building on which a valid building permit was issued prior to the effective date of adoption or amendment of this chapter.
(2004 Code, § 7-102)
§ 156.233 NON-CONFORMING USE OF LAND.
Any use of land having lawful existence at the effective date of adoption or amendment to this chapter, which does not conform to the provisions of this chapter, may be continued, subject to the following provisions.
(A) Non-conforming uses shall not be extended to occupy a greater land area or replaced by another use not specifically permitted in the zoning district.
(B) If any non-conforming uses of land are discontinued or abandoned for more than six months, any subsequent use of land shall conform to the regulations specified by this chapter for the district in which the land is located.
(C) No additional structure not conforming to the requirements of this chapter shall be erected in connection with the non-conforming land use.
(D) Non-conforming uses shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by the non-conforming use at the effective date of adoption or amendment of this chapter.
(2004 Code, § 7-103)
§ 156.234 NON-CONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not now be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk or other requirements concerning the structure, such a structure may be continued so long as it remains lawful, subject to the following provisions.
(A) The non-conforming structure may not be enlarged or altered in any way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.
(B) If a non-conforming structure or non-conforming portion of a structure is destroyed by any means to the extent of more than 51% of the fair market value of the building immediately prior to the damage, it shall not be reconstructed, except in conformity with the provisions of this chapter.
(C) If a structure is moved for any reason for any length of distance, it shall thereafter conform to the regulations for the district in which it is located after the move.
(2004 Code, § 7-104)
§ 156.235 NON-CONFORMING USES OF STRUCTURES AND LANDS IN COMBINATION.
If a lawful use involving individual structures, or if a structure and land use in combination, exist at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued subject to the following provisions.
(A) No existing structures devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, constructed, reconstructed, moved or structurally altered, except in changing the use to a use permitted in the district.
(B) A non-conforming use may be extended throughout any parts of the building which was arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy land outside such a building.
(C) (1) If no structural alterations are made, any non-conforming use of a structure and land, may upon appeal to the Board of Zoning Appeals be changed to another non-conforming use; provided that, the Board of Zoning Appeals shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use.
(2) In permitting such a change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with other provisions of this chapter.
(D) Any structure or combination of structure and land where a non-conforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the non-conforming use may not be resumed.
(E) When a non-conforming use of a structure or combination of structure and land is discontinued or abandoned for more than six months, the structure or structure and land combination, shall thereafter only be used in conformity with the regulations of the district in which it is located.
(F) Where non-conforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.
(2004 Code, § 7-105)
§ 156.236 REPAIRS AND MAINTENANCE.
Nothing in this subchapter shall be interpreted to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charge with protecting the public safety. On any non-conforming structure or portion of a structure containing a non-conforming use, work may be done on ordinary repairs; provided that, the area of the non-conforming use is not increased.
(2004 Code, § 7-106)
§ 156.237 USES UNDER SPECIAL EXCEPTION PROVISION ARE NOT NON-CONFORMING USES.
Any use which is a permitted use as a special exception in a district under the terms of this chapter shall not be deemed a non-conforming use in such district, but shall without further action be considered a conforming use.
(2004 Code, § 7-107)