Peculiar City Zoning Code
ARTICLE X
Non-Conformities
Section 400.2000 Purpose.
[Ord. No. 111808 §1(400-1000), 11-18-2008]
The purpose of this Section is to provide for the regulation of non-conforming uses, buildings and structures.
Section 400.2010 Authority To Continue.
[Ord. No. 111808 §1(400-1001), 11-18-2008]
Any non-conforming building, structure or use which existed lawfully at the time of adoption of this code and which remains non-conforming and any such building, structure or use which shall become non-conforming upon the adoption of this code or any subsequent amendment thereto may be continued in accordance with the regulations which follow.
Section 400.2020 Non-Conforming Buildings and Structures, Generally.
[Ord. No. 111808 §1(400.1002.1 — 3), 11-18-2008]
A.
Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located shall be subject to the provisions of this Section.
1.
Repairs. Ordinary repairs may be made to a non-conforming building or structure. Ordinary repairs shall be determined by the Building Inspector and shall include, among other things, repairs or improvements made by order of the Building Inspector to remedy unsafe conditions.
2.
Alterations and enlargements.
a.
A non-conforming building or structure which is non-conforming only as to height, yard, parking or loading requirements may be altered, including structural alteration or enlargement, provided such complies with the regulations and standards of this code.
b.
A non-conforming building or structure shall not be altered or enlarged unless such non-conforming buildings or structures and additions thereto are made to conform with all regulations herein for the district in which it is located.
3.
Restoration after damage.
a.
A non-conforming building or structure which is destroyed or damaged by fire or other casualty or act of God may be restored to its size and occupancy immediately prior to the damage.
b.
Such restoration shall be completed within one (1) year of the date of damage provided any time for litigation shall not be counted in the one (1) year period. Time for litigation shall begin to run upon the filing of a lawsuit in a court of competent jurisdiction and shall end upon the entering of a final judgment or withdrawal of the lawsuit.
Section 400.2030 Non-Conforming Use, Generally.
[Ord. No. 111808 §1(400-1003.1 — 3), 11-18-2008]
A.
Any lawfully existing use which does not conform to the regulations of the district in which it is located shall be subject to the provisions of this Section.
1.
Discontinuance of non-conforming use. A non-conforming use which is discontinued on the effective date of this code or thereafter becomes discontinued or is not used for a continuous period of one hundred eighty (180) days shall not thereafter be reinstated unless such use can be made to conform to the regulations of the district in which it is located.
2.
Expansion of non-conforming use. A non-conforming use of a part of a building or structure may be expanded within the building or structure in which said use is presently located, but no structural alterations shall be made unless such structural alterations and the use thereof conform to all regulations of the district in which the building or structure is located.
3.
Change of non-conforming use. A non-conforming use of a building or structure may be changed to a use permitted in the district in which the building or structure is located; but no change shall extend or otherwise modify any provision made in this Chapter for the elimination of a non-conforming building or structure and the use thereof.
Section 400.2040 Non-Conforming Use of Land.
[Ord. No. 111808 §1(400-1004), 11-18-2008]
A.
The non-conforming use of land not involving a building or structure, or where any building or structure thereon is merely incidental or accessory to the principal use of the land, may be continued subject to the following provisions:
1.
Expansion. A non-conforming use of land shall not be expanded or extended beyond the area it occupies as of the effective date of this code.
2.
Discontinuance. If a non-conforming use of land is discontinued for a period of one hundred eighty (180) consecutive days, it shall not thereafter be renewed and subsequent use of land shall conform to the regulations of the district in which the land is located.
3.
Change. A non-conforming use of land shall not be changed to any other use, except to a use permitted in the district in which the land is located.
4.
Elimination. The non-conforming use of land shall be discontinued and ceased in accordance with the following:
a.
Where no buildings or structures are employed in connection with such use, such use shall be discontinued within one (1) year from the effective date of this code.
b.
Where such use is maintained in connection with a conforming building or structure, except for inadequate off-street parking facilities, it may be continued for long as the premises are so used.
c.
Where a non-conforming use of land is accessory to the non-conforming use of a building or structure, such use shall be discontinued on the same date on which the non-conforming use of the building or structure is discontinued.
Section 400.2050 Completion of Buildings Under Construction.
[Ord. No. 111808 §1(400-1005), 11-18-2008]
Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been issued and plans for which are on file with the City Clerk prior to the effective date of this code and the construction of which shall have been diligently executed within one (1) year of the date of such permit and the ground story framework of which, including the second (2nd) tier of beams, shall have been completed within such year and which entire building shall be completed, according to such plans as filed, within two (2) years from the effective date of this code.