Quincy City Zoning Code
NONCONFORMING USES
§ 162.125 PURPOSE.
It is the purpose of this subchapter to provide for the regulation of nonconforming uses, buildings and structures and to specify those circumstances and conditions under which nonconforming uses, buildings and structures may be continued. It is, however, the purpose and intent of this subchapter that all nonconforming uses shall be eventually eliminated. This subchapter shall be liberally construed to this end.
(1980 Code, § 29.801)
§ 162.126 DEFINITIONS.
For purposes of this subchapter and the entire zoning chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning
ENLARGEMENT, EXTENSION AND STRUCTURAL ALTERATION.
(1) A nonconforming use, building or structure will be considered ENLARGED, EXTENDED OR STRUCTURALLY ALTERED if:
(a) There is or will be any material or substantial change in the construction, identity and/or use of the present building or structure, including but not limited to a change in the goods sold or manufactured upon the premises;
(b) There is or will be any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls, other than a minor alteration which affects primarily the appearance and not the life of the structure;
(c) There is or will be an addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use (including but not limited to an expanded parking area);
(d) There is or will be an increase or amplification in the intensity of a use, building or structure; or
(e) There is or will be an addition of a different entrance or access to the building, structure or premises.
(2) A nonconforming use, building or structure may be considered ENLARGED, EXTENDED or STRUCTURALLY ALTERED for other reasons than those set forth specifically herein consistent with the purpose and intent of this subchapter and this chapter.
NONCONFORMING BUILDING OR STRUCTURE. Any building or structure which:
(1) Does not comply with all of the regulations of this zoning chapter or of any amendment hereto governing bulk for the zoning district in which the building or structure is located; or
(2) Is designed or intended for a nonconforming use.
NONCONFORMING USE. Any use of land, buildings or structures which does not comply with all of the regulations of this zoning chapter or of any amendment hereto governing use for the zoning district in which the use is located.
USE. Refers to the specific and particular use involved, not the general category of use involved. For example, a specific and particular use would be the sale of certain specific and particular goods and products at retail rather than the general use of sale of goods and products at retail.
(1980 Code, § 29.801)
§ 162.127 CONTINUATION.
Any nonconforming use, building or structure which existed lawfully on the effective date of this amendatory zoning chapter and which remains nonconforming, and any use, building or structure which shall become nonconforming upon the adoption of this subchapter or of any subsequent amendments thereto, may be continued subject to the limitations set forth in this subchapter. This subchapter shall not be construed as authorizing the continuation of any use, building or structure, which was not so lawfully existing. The provisions hereof shall not only apply to a building or structure which is completely occupied by the nonconforming use, but shall also apply to one in which the nonconforming use occupies only a portion of the building or structure.
(1980 Code, § 29.801)
§ 162.128 FUTURE EXTENSIONS OF JURISDICTION.
If a use, building or structure becomes subject to this subchapter, whether by the extension of the zoning jurisdiction of the city by reason of extension of the corporate of the city, or otherwise, and the use, building or land at the time it becomes subject to this subchapter is lawful but does not conform with the regulations of the district in which the use, building or structure is situated, the use, building or structure may continue as a nonconforming use, building or structure under the provisions hereof.
(1980 Code, § 29.801)
§ 162.129 REGISTRATION OF NONCONFORMING USE, BUILDINGS AND STRUCTURES.
(A) Generally. To better provide for the enforcement of the provisions of this subchapter and this chapter, all nonconforming uses, buildings and structures shall be registered in accordance herewith, except as otherwise provided herein. In the event the owner or other interested party fails to register a nonconforming use in accordance herewith on or before December 31, 1980, the use shall not be considered a nonconforming use for purposes hereof. Thereafter, a nonconforming use which has not been registered may not be continued unless a special permit for the nonconforming use is obtained. If not timely registered, there shall be no right to a special permit. A special permit may be issued in the same manner as any other special permit. The nonconforming use, building or structure may not be continued if not so registered or a special permit obtained. The use, building or structure shall thereafter conform with the provisions of this subchapter applicable to the district involved. Notwithstanding anything herein to the contrary, the owner or other interested party need not register any nonconformity resulting from bulk requirements, or on account of off-street parking requirements. It is the intent of this subchapter that only nonconformity because of use need be registered.
(B) Future extensions of jurisdiction and nonconformity. Where a nonconforming use, building or structure exists by reason of the extension of the zoning jurisdiction of the city or by virtue of changes in the zoning regulations occurring before January 1, 1997, the nonconforming use, building or structure must be registered in accordance with this subchapter before April 1, 1997. Thereafter, the nonconforming uses which have not been registered may not be continued unless a special permit for the nonconforming use is obtained. Where a nonconforming use, building or structure exists by reason of the extension of the zoning jurisdiction of the city or by virtue of changes in the zoning regulations occurring after January 1, 1997, the nonconforming use, building or structure must be registered in accordance with this subchapter within 90 days following written notice to the owner of the use, building or structure by the Department of Planning and Development that the use, building or structure is nonconforming.
(C) Registration procedures.
(1) Statement of nonconformity. To register a nonconforming use in accordance herewith, the owner or other interested party shall file a statement of nonconformity with the Building Inspector setting forth the name or names of all owners of the property involved; the common or street address of the property; the legal description of the property; the real estate tax number of the property; the zoning district in which the property is located; the zoning district in which the nonconforming use, building or structure would have to be located in order to be conforming; the specific nature, character and extent of the nonconforming use as it exists on the date of the statement; the date on which the nonconforming use or prior nonconforming uses commenced; the period or periods during which the nonconforming use was discontinued or the building or structure was vacant and unoccupied; and any additional information as the Building Inspector may require.
(2) Certificate of nonconformance. Within 60 days after receipt of a statement of nonconformity, the Building Inspector shall issue a certificate of nonconformity relative to the use, building or structure if it reasonably appears from the statement of nonconformity and any independent investigation the Building Inspector may conduct that the use, building or structure is a lawful nonconforming use. The certificate of nonconformance is issued, in effect, to the property. A future certificate shall not be required even if there is a change of ownership. A nonconforming use shall not be considered registered until a certificate of nonconformance is issued, provided that once issued it will be considered as having been issued on the date the statement of nonconformity was filed with the Building Inspector. If a certificate of nonconformance is not issued within 60 days, the Building Inspector shall be considered to have refused to issue the same. In the event that the Building Inspector refuses to issue a certificate of nonconformance or fails to issue the certificate of nonconformance within 60 days after receipt of a statement of nonconformity as aforesaid, the decision may be appealed to the Zoning Board of Appeals as any other decision of the Building Inspector.
(3) Obligation of owner. The obligation for obtaining a certificate of nonconformance rests solely with the owner or other interested party.
(4) Effect of certificate and revocation. Absent material inaccuracies or misstatements contained in the statement of nonconformity filed with the Building Inspector, once a certificate of nonconformance is issued, the nonconforming use shall be presumed to exist as described in the statement of nonconformance. A certificate may be revoked by the Building Inspector if any material inaccuracies of misstatements are discovered. Further, a certificate may be revoked by the Building Inspector if the provisions of these regulations governing nonconformity are violated by failing to obtain
a necessary special permit or otherwise.
(5) Fees. The Building Inspector shall not charge a fee for the issuance of a certificate of nonconformance prior to January 1, 1980. Thereafter, a fee of $10 will be charged upon the filing of the application. If desired by the owner or other interested party, the Building Inspector for a fee of $5 shall provide a certified copy of the certificates of nonconformance suitable for placing of record.
(6) Special use. This subchapter does not limit or negate the option of applying for a special permit use relative to a nonconforming use.
(1980 Code, § 29.801) Penalty, see § 162.999
§ 162.130 CHANGE OF NONCONFORMING USE.
A nonconforming use may not be changed to another nonconforming use of the same or of a higher classification except by a special permit issued pursuant to § 162.030. Once a special permit is granted allowing for a change to another nonconforming use, the use may not again be changed to another nonconforming use, even to the use previously existing, without again obtaining a special permit as aforesaid. A nonconforming use may not be changed to a use in a lower classification. For the purposes hereof, the terms HIGHER CLASSIFICATION and LOWER CLASSIFICATION mean uses higher or lower (above and below) on the list of districts in § 162.030(B) than the district in which the subject use would be classified if a conforming use. The RU1 District thus being the higher classification and the M3 District thus being the lowest classification. In the event a change is made to another use which itself requires a special permit, a special permit must be obtained not only for the change of the nonconforming use, but for the other use itself. The requirements of all applicable special permits must be complied with. Once the right to continue the nonconforming use terminates, however, the special permit shall automatically terminate irrespective of any provisions of this chapter to the contrary.
(1980 Code, § 29.801) Penalty, see § 162.999
§ 162.131 ENLARGEMENT, EXTENSION AND STRUCTURAL ALTERATION.
A nonconforming use, building or structure may not be enlarged, extended or structurally altered in any manner unless the nonconforming use, building or structure after so enlarged, extended or altered is made to conform to all the regulations of the district in which it is located or unless a special permit is issued therefore pursuant to § 162.030. Whether a change to a nonconforming use, building or structure is to be considered an enlargement, extension or structural alteration of a nonconforming use is to be liberally construed in favor of a conclusion that the change is an enlargement, extension or structural alteration, it being the purpose and intent hereof that all nonconforming uses shall be eventually eliminated or strictly regulated. Notwithstanding anything herein to the contrary, normal maintenance of a building or structure containing a nonconforming use or being nonconforming is permitted provided there are not enlargements, extensions or structural alterations.
(1980 Code, § 29.801) Penalty, see § 162.999
§ 162.132 DISCONTINUANCE OF USE.
If a nonconforming use is discontinued, or a nonconforming building or structure is vacant, and remains unoccupied for a continuous period of six months or a total of six months within any 12-month period, the nonconforming use, building or structure shall not thereafter be occupied or used except in conformity with the regulations of the district in which the use, building or structure is located.
(1980 Code, § 29.801) Penalty, see § 162.999
§ 162.133 DAMAGE OR DESTRUCTION.
If a building or structure containing a nonconforming use, or a building or structure otherwise nonconforming, is by any means or cause damaged or destroyed to the extent of 50% or more of its fair market value immediately before the damage or destruction, the building, structure or reconstruction thereof shall thereafter be occupied and used only for a conforming use or otherwise in conformity with the regulations applicable to the district in which the same is located. In the event that the damage or destruction is less than 50%, no repairs or reconstruction shall be made unless the reconstruction is started within one year from the date of the partial destruction and is diligently prosecuted to completion. A building or structure shall be considered damaged or destroyed to the extent of 50% or more of its fair market value immediately before the damage or destruction if the costs of the reconstruction is 50% or more of the fair market value, basing the fair market value solely on the real property tax assessment of the building or structure for the assessment period most recently available.
(1980 Code, § 29.801) Penalty, see § 162.999
§ 162.134 NONCONFORMING USES OF LAND.
The lawful use of land for storage purposes (where the use is not an adjunct of any structure) located in any residential district shall be discontinued and the stored materials removed within two years after the effective date of the amendatory zoning ordinance, that is, November 25, 1973. All junkyards shall conform with the requirements of § 162.026 within two years after the effective date of this amendatory zoning ordinance, that is, November 25, 1973. All advertising signs and billboards shall comply with all provisions of this amendatory zoning ordinance with five years after the effective date of this amendatory zoning ordinance, that is, November 25, 1976.
(1980 Code, § 29.801) Penalty, see § 162.999
§ 162.135 ILLEGAL USES.
The adoption of this amendatory zoning ordinance, or any amendment hereto, shall in no way legalize any illegal uses existing at the time of adoption.
(1980 Code, § 29.801) Penalty, see § 162.999
§ 162.136 CHANGE TO CONFORMING USE.
Whenever building or structure occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this zoning chapter, the premises shall not thereafter be used or occupied by nonconforming use.
(1980 Code, § 29.801) Penalty, see § 162.999