Norton City Zoning Code
CHAPTER 1290
Non-Conforming Uses
1290.01 PURPOSE.
In the provisions established by this Code, there exist uses of land, structures, lots of record, towers, and signs that were lawfully established before this Code was adopted or amended, that now do not conform to its terms and requirements. The purpose and intent of this section is to regulate the continued existence of those uses, structures, and lots of record that do not conform to the provisions of this Code, or any amendments thereto.
(Ord. 104-2010. Passed 11-22-10.)
1290.02 GENERAL PROVISIONS.
(a) Authority to Continue. The lawful use of any dwelling or structure and of any land or premises existing and lawful at the time of the enactment of this Code, or any amendment thereto, may continue, although such use does not conform to the provisions of this Code or amendment thereto. Nevertheless, while it is the intent of this Code that such non-conformities be allowed to continue until removed, they should not be encouraged to survive. Therefore, no non-conformity may be moved, extended, altered, expanded or used as grounds for any other use or structure prohibited elsewhere in the district, except as specifically provided for in this Code.
(b) Conditional Uses. Any use which is permitted as a conditional use in a district under the terms of this Code shall not be deemed a non-conforming use in such district, but shall without further action be considered a conforming use provided the use meets all approval criteria and conditions established by the Zoning Code, the Planning Commission, or the Board of Zoning and Building Appeals for the conditional use.
(c) Accessory Uses. A non-conforming use that is accessory to a principal use shall not make the principal use non-conforming.
(d) Determination of Non-Conformity Status. The burden of establishing that a non- conformity lawfully exists shall be on the owner of the land on which the purported non- conformity is located.
(Ord. 104-2010. Passed 11-22-10.)
1290.03 NON-CONFORMING USES.
(a) Substitution of Uses. A legal, non-conforming use of a building may be changed to another non-conforming use of the same or a less intensive and more restricted type or classification, as approved by the Board of Zoning and Building Appeals. The Board of Zoning and Building Appeals shall not authorize a change or substitution of use unless it determines that the proposed use is more appropriate to the applicable zoning district than the existing non- conforming use and that the proposed use is less in conflict with the character of the uses permitted in the applicable zoning district than the existing non-conforming use. In permitting such a change, the Board of Zoning and Building Appeals may prescribe appropriate conditions and safeguards in accordance with other provisions of this Zoning Code. Violations of any conditions and/or safeguards prescribed by the Board of Zoning and Building Appeals shall be deemed a violation of this Zoning Code. Whenever a non-conforming use has been changed to a less intensive use under this subsection, such use shall not thereafter be changed to a more intensive non-conforming use.
(b) Abandonment. A legal, non-conforming use may be continued as long as it remains otherwise lawful, provided, however, that if any legal non-conforming use of land ceases for any reason, for a period of more than six consecutive months, any subsequent use of such land shall conform to the regulations specified by this Zoning Code for the district in which such land is located. When a legal, non-conforming use is replaced by a permitted use under terms of this Zoning Code, such permitted use shall thereafter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed.
(c) Expansion of Area of Use. Subject to approval of the Board of Zoning and Building Appeals, a legal non-conforming use may be extended, enlarged or altered so as to permit additions to such structure or land for the purpose of continuing the same non-conforming use as that carried on in such structure or on such land sought be to extended, enlarged or altered, provided, however, that no such extension, enlargement, alteration or addition shall exceed twenty-five percent of the existing square feet of such structure, or square feet of such land area, and provided further that only one such extension, enlargement, alteration or addition involving the same premises shall ever be permitted.
(d) Additional Structures. The existence of a non-conforming use shall not be grounds for the establishment of additional structures not otherwise permitted in the district in which the non-conformity is located, except that the owner of a non-conforming single-family residential use may construct an accessory structure relating to the residential use that conforms to the size limitations and other requirements for accessory structures in Section 1296.03.
(e) Completion. Any use for which zoning approval has been issued prior to the adoption of this Zoning Code or subsequent amendments, and which, when established, would not conform to the provisions of this Zoning Code for the district in which it is located, may be established and maintained as a non-conforming use provided that the use is established within twelve months after the date of approval.
(Ord. 104-2010. Passed 11-22-10.)
1290.04 NON-CONFORMING LOTS.
(a) Vacant Non-Conforming Lot in a Residential District. In any district in which one-family or two-family dwellings are permitted, a one-family dwelling or two-family dwelling, along with any customary accessory buildings, may be erected on any single lot of record which was made non-conforming by newly-enacted dimensional requirements on the effective date of adoption or any amendment of this Zoning Code, provided that such lot must be in separate ownership from contiguous lots and not of continued frontage with other lots in the same ownership. If such permitted structures do not comply with minimum yard requirements for the district, then the yard requirements may be reduced in a manner approved by the Board of Zoning and Building Appeals. Variances and special exceptions to yard requirements shall be obtained only through action of the Board of Zoning and Building Appeals.
(b) Vacant Non-Conforming Lots in Multi-Family and Non-Residential District. A vacant non-conforming lot in a multi-family district or non-residential district may be used for any use permitted in the district in which it is located when the development of such lot meets all development requirements of the district in which it is located, except for the minimum lot area and lot width requirements.
(c) Exception for Adjacent Vacant Lots of Single Ownership. A vacant lot of record shall not be deemed a non-conforming lot under this Zoning Code if, at the time when the vacant lot became not in conformance with the zoning regulations, or at any time thereafter, the vacant lot was adjacent to or abutted another lot, or any part of another lot, that was owned by the same property owner.
(d) Existing Buildings on Non-Conforming Lots. If a non-conforming lot is occupied by a building, such building shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area unless the enlarged section(s) comply with all regulations of this Zoning Code, except the lot area and lot width regulations of the district in which the lot is located.
(e) Prohibition Against Creation of Non-Conforming Lots. No subdivision of any parcel or lot shall be made, which shall create a lot with frontage, width, depth or area below the requirements stated in this Zoning Code.
(Ord. 104-2010. Passed 11-22-10.)
1290.05 NON-CONFORMING STRUCTURES.
(a) Maintenance and Repair. Routine maintenance and repair of non-conforming structures shall be permitted. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, on order of such official.
(1) Principal building. If a non-conforming structure, or use thereof, is damaged by fire or other causes to the extent of less than sixty percent of its replacement value at the time of the damage, then such non-conforming structure may be restored, repaired, or reconstructed and used as before the time of damage, provided that a building permit is obtained and work is commenced within six months of the date of damage. All work must be completed within eighteen months of the date of the damage. The repaired structure, when completed, shall not increase the size or change the location from the previously existing structure. If the damage or destruction to said structure is to the extent of sixty percent or more of its replacement value at the time of destruction or damage, it shall not be restored except in conformity with the regulations of the district in which the structure is situated.
(2) Accessory structure. Any accessory structure, except a sign (which is regulated by Section 1290.06), existing on or before the effective date of this Zoning Code and which does not conform to the provisions of this Zoning Code for the district in which it is located, and which has been or may hereafter be damaged by fire or other causes to the extent of less than sixty percent of its replacement value at the time of damage may be restored, repaired or reconstructed and used as before the time of damage, provided that such structure, when completed, will not differ in location or size from the previously existing structure (except to the extent that such difference may be in greater conformity with this Zoning Code) and provided that a building permit is obtained and work is commenced within six months of the date of damage. All work must be completed within eighteen months of the date of the damage. If the damage or destruction to said structure is to the extent of sixty percent or more of its replacement value at the time of destruction or damage, it shall not be restored except in conformity with the regulations of the district in which the structure is situated.
(3) One-family or two-family residential dwelling. If a non-conforming one-family or two-family residential dwelling is destroyed or damaged, in whole or in part, as a result of fire or other causes, then such non-conforming residential dwelling may be restored, repaired, or reconstructed and used as before the time of damage, provided that a building permit is obtained and work is commenced within six months of the date of damage. All work must be completed within eighteen months of the date of the damage. The repaired structure, when completed, shall not differ in location or size from the previously existing structure.
(c) Completion. Any partially completed building or structure, the actual construction of which has commenced on or before the effective date of this Zoning Code, which building or its intended use, when completed, would not conform to the provisions of this Zoning Code for the district in which it is located, may be completed and used as a non-conforming use only for the purpose for which it was originally designed and approved, provided that the building is completed and/or put to use within two years after the adoption of this Zoning Code.
(d) Alteration. Except as provided in Section 1290.03(c), no non-conforming structure shall be extended or enlarged. Should such structure be moved for any reason, for any distance whatever, it shall thereafter conform to the yard and location regulations for the district in which it is located after it is moved.
(Ord. 104-2010. Passed 11-22-10.)
1290.06 NON-CONFORMING SIGNS.
(a) Continuance of Signs. Except as provided herein, any sign legally existing on the effective date of this Zoning Code, and which remains or becomes non-conforming upon the adoption of this Code or any subsequent amendment hereto, may be continued as a matter of right provided that the sign complies with all requirements for safety, maintenance, and repair.
(b) Repairs. Ordinary repairs and non-structural alterations may be made to a non-conforming sign. No structural alterations shall be made in, to or upon such non-conforming sign or related support structures, except those required by law to make the sign conform to the provisions of this code.
(c) Additions and Enlargements. A non-conforming sign shall not be added to or enlarged in any manner, except to make the sign conform to the regulations of this Code.
(d) Moving. No non-conforming sign shall be moved in whole or in part to any other location unless the sign is made to conform to all regulations of this Code.
(e) Restoration of Damaged Non-Conforming Signs. A non-conforming sign which is destroyed or damaged by fire or other cause to the extent that the cost of restoration will exceed sixty percent of the value of the sign at the time of damage, shall not be restored unless it is made to conform to all the regulations of this chapter, or any subsequent amendment thereto. In the event that such damage or destruction is less than sixty percent of the value of the sign at the time of damage, no repairs or construction shall be made unless such restoration is started within sixty days from the date of the damage and is diligently pursued to completion.
(f) Removal of Abandoned Signs. All non-conforming signs shall be subject to the removal requirements of Section 1454.07 of the Building and Housing Code.
(Ord. 104-2010. Passed 11-22-10.)