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Oakland City Zoning Code

§ 59-64

Nonconforming buildings, structures and uses.

A. 
Nonconforming uses and conditions. Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the building so occupied, but nothing in this chapter shall validate or authorize any nonconforming use or structure which exists in violation of a previous zoning ordinance unless such use or structure is specifically permitted and authorized by this chapter.
B. 
Buildings under construction. If at the time of the enactment of this chapter any building is being constructed or altered under a proper building permit and such work is completed within 12 months from the date of issuance thereof or for a purpose which does not conform with the requirements of this chapter, but which is not prohibited by any other existing ordinance of the borough, such use or purpose may be continued; nor shall any change of title or of right to the possession affect such continuation of an existing use.
C. 
Extensions, enlargements or changes.
(1) 
Any nonconforming building, structure or use may be changed to conform to this chapter, but shall not be changed back to a nonconforming status.
(2) 
No existing building or premises devoted to a nonconforming use as permitted by this section shall be enlarged, extended, reconstructed or structurally altered unless such use is changed to a use permitted in the district in which such building or premises is located; and no nonconforming use shall be changed to another or different nonconforming use.
(3) 
Notwithstanding the above, a one- or two-family dwelling and its accessory uses existing in a residential district may be expanded or enlarged, provided that such expansion or enlargement complies with all zoning ordinance requirements for a one- or two-family dwelling and accessory uses in the residential zoning districts.
D. 
Discontinuance or abandonment.
(1) 
No nonconforming use or structure which shall have been discontinued or abandoned for a period exceeding 12 months shall be resumed; provided, however, that no such use or structure shall be resumed if the premises upon which such use or structure existed is devoted to a conforming use after the discontinuance or abandonment of the nonconforming use.
(2) 
A nonconforming use shall be considered abandoned if it is terminated by the owner; if a nonconforming use involving a building or structure is discontinued for a period of 12 consecutive months; or if a nonconforming use of land not involving a building or structure is discontinued for a period of six months. The subsequent use of the abandoned building, structure and/or land shall be in conformity with this chapter.
E. 
Partial destruction, restoration or repair.
(1) 
Any nonconforming use or structure existing on the effective date of this chapter may be restored or repaired in the event of partial destruction thereof, provided that the cost of such restoration and repair in compliance with all the existing construction codes of the Borough of Oakland does not exceed 50% of the market value of the structure, less foundation systems, at the time of the partial destruction.
(2) 
If the value of repairing the condition is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a use variance as provided under Article V of this chapter and as further provided by state statute.
(3) 
In the event of a partial destruction of a structure devoted to a nonconforming use, the owner or occupant shall, within 90 days after such event, give notice in writing to the Zoning Enforcement Official of his intention to restore or repair the structure and, within 90 days after date of notice, commence and diligently proceed to the completion of the work. In such event, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and volume of the original structure.
(4) 
The percent damaged shall be the current replacement cost of the portion damaged and condemned, computed as a percentage of the current total replacement cost of the entire structure, neither to include the cost of the foundation.
F. 
Repairs, maintenance and modernization.
(1) 
Repairs and maintenance may be made to a nonconforming use, structure or lot, provided that the repair and maintenance work do not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose or increase the nonconformity in any manner.
(2) 
Nothing contained in this section shall prohibit the modernization of existing nonconforming structures; provided, however, that such modernization does not entail any extension, enlargement, addition or change of the nonconforming use.
G. 
Sale. Any nonconforming use, structure or lot may be sold and continue to function in the same nonconforming manner.
H. 
Nonconforming lots and structures. Any structure on a nonconforming lot or a structure on a conforming lot which violates any yard requirements may have additions to the principal building and/or construct an accessory building without an appeal to the Board of Adjustment, provided that the total permitted building coverage is not exceeded and the accessory building and/or the addition to the principal building do/does not violate any other requirements of this chapter.
I. 
Change in zone boundaries. Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, the foregoing provisions shall also apply to any nonconforming use existing therein or created by such change.