Seymour City Zoning Code
NONCONFORMITIES
§ 157.130 GENERAL.
(A) Purpose and intent. Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is the general policy of the city to allow legally existing uses and structures to continue in productive use, but also to bring these uses as nearly into compliance with existing regulations as is reasonably possible. In furtherance of that policy, these regulations are intended to do the following:
(1) Recognize the interests of property owners in continuing to use their property;
(2) Promote reuse and rehabilitation of existing buildings; and
(3) Place reasonable limits on the expansion and alteration of nonconformities that have the potential to adversely affect surrounding properties or the community as a whole.
(B) Applicability. This chapter applies to nonconformities created by initial adoption or amendments to this chapter. It also applies to nonconformities that were legal nonconformities under previously applicable ordinances, even if the type or extent of nonconformity is different.
(C) Authority to continue. Any nonconformity that legally exists on the effective date of this chapter or that becomes nonconforming upon the adoption of any amendment to this chapter may be continued in accordance with the provisions of this chapter.
(D) Determination of nonconformity status.
(1) The burden of establishing that any nonconformity is a legal nonconformity shall in all cases be solely upon the owner of such nonconformity.
(2) An illegal nonconforming use shall not be validated by the adoption of this chapter.
(3) The casual, intermittent, temporary or illegal use of land, buildings or premises shall not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
(E) Minor repairs and maintenance. Incidental repairs and normal maintenance of nonconformities shall be permitted unless such repairs increase the extent of nonconformity or are otherwise expressly prohibited by this chapter. Nothing in this chapter shall be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an order of a public official.
(F) Change of tenancy or ownership. Change of tenancy or ownership shall not affect the nonconforming status of a property or use, provided that there is no change in or expansion of the use or nonconformity.
(Ord. 17, 2006, passed 11-27-2006)
§ 157.131 NONCONFORMING USES.
(A) Existing nonconforming use. The lawful nonconforming use of a structure, land, or water existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform to the provisions of this chapter. However, only the portion of the land or water in actual use may be so continued, and the structure or area within which the use is contained may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or official order, so as to comply with the provisions of this chapter.
(B) Total lifetime structural repairs. Total lifetime structural repairs or structural alterations to a structure with a nonconforming use shall not exceed 50% of the assessed value of the structure at the time it became a nonconforming structure and use unless it is permanently changed to conform to the use provisions of this chapter.
(C) Change of use.
(1) Change to conforming use. A nonconforming use may be changed to any use that is allowed in the zoning district in which it is located, subject to all standards and requirements applicable to the new use. Once a nonconforming use is converted to a conforming use it may not be changed back to a nonconforming use.
(2) Change to other nonconforming use. The Board of Zoning Appeals may approve as a conditional use a change of use to a use not otherwise allowed in the underlying zoning districts if it finds that the new proposed use will be no more injurious than the previous use or will decrease the extent of the nonconformity. If the Board approves such a change of use, it shall be authorized to impose conditions it deems necessary to reduce or minimize any potentially adverse effect upon other property in the neighborhood, and to carry out the general purpose and intent of this chapter.
(3) Substitution of new equipment. The Board of Zoning Appeals may permit the substitution of new equipment (e.g., fencing, mechanical equipment) if such equipment will reduce the incompatibility of the nonconforming use with neighboring uses.
(Ord. 17, 2006, passed 11-27-2006)
§ 157.132 NONCONFORMING STRUCTURES.
(A) Continuance. The conforming use of a nonconforming structure existing at the time of adoption or amendment of this chapter may be continued. Additions or enlargements of such structures are permitted provided that the structure with such addition or enlargement complies with the setback, height, parking and loading requirements of this chapter.
(B) Damage or destruction
(1) Limitation on reconstruction. Existing nonconforming structures with a conforming use that are damaged or destroyed by fire, explosion, flood, or other calamity, to the extent that the cost of repairs exceeds 50% of its equalized assessed value at the time it became nonconforming, may be reconstructed and shall conform with the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this chapter
(2) Residential use exception. Notwithstanding division (B)(1) above, a single-family residential structure that is damaged or destroyed as specified above may be reconstruction using the same building footprint as the damaged or destroyed structure.
(C) Abandonment or discontinuance. If a nonconforming use other than a single-family residential use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water shall conform to the provisions of this chapter.
(Ord. 17, 2006, passed 11-27-2006)
§ 157.133 NONCONFORMING LOTS.
(A) Legal lots of record.
(1) In any district in which a principal use is permitted, a principal use and customary accessory uses may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter; provided, that such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
(2) The provision of (A)(1) of this section shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that setback dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of setback requirements shall be obtained only through action of the Board of Zoning Appeals.
(3) No division of land shall be made after the effective date of this chapter which creates a lot with width or area below the requirements stated in this chapter.
(B) Nonconforming sites. The provisions of this section apply to properties containing permitted uses but which do not comply with development standards of this chapter, such as landscaping, parking, loading, or signs. Whenever a nonconforming use of a structure or a nonconforming structure is expanded or changed in such a manner as to require landscaping, such landscaping shall be installed before a certificate of occupancy is issued, unless a financial guarantee is posted under the terms of § 157.094.
(Ord. 17, 2006, passed 11-27-2006)
§ 157.134 NONCONFORMING SIGNS.
(A) Continuance. Any legal nonconforming sign existing at the time of adoption or amendment of this chapter may be continued. Such sign shall not be relocated, moved, damaged and reconstructed, extended, enlarged, changed (including changing the sign face), altered, or modified unless it is brought into conformance with the provisions of § 157.095.
(B) Signs in the right-of-way. No sign located in a public right-of-way shall be considered to be a legal nonconforming sign.
(Ord. 17, 2006, passed 11-27-2006)