The regulations of this chapter govern uses, structures, lots and other situations that came into existence lawfully but do not comply with one or more requirements of this title. These types of situations are said to be nonconforming. The intent of this chapter is to clarify the effect of such nonconforming status and avoid their confusion with illegal buildings and uses. These regulations recognize the interests of landowners in continuing to use and maintain their properties for uses and activities that were lawfully established. The regulations also seek to encourage continued maintenance, rehabilitation, and reuse of existing buildings and structures. However, these regulations also place limitations on nonconformities that have the potential to adversely affect surrounding properties. (Ord. 1379, 6-9-2008)

This chapter applies to nonconformities created by the adoption of this title or subsequent amendments to it. (Ord. 1379, 6-9-2008)

   (A)   Continuation Permitted: Any nonconformity that lawfully existed on the date of adoption of this title or that becomes nonconforming upon the adoption of any amendment to this title may be continued in accordance with the provisions of this chapter.

   (B)   Illegal Uses, Buildings, And Structures: Uses, buildings, and structures that were not lawfully established prior to adoption of this title will not become legal by virtue of its enactment. Illegal uses, buildings, and structures must be immediately brought into compliance with all ordinances of the city.

   (C)   Determination Of Nonconforming Status: The burden of establishing that a nonconformity exists will, in all cases, be upon the property owner of the nonconforming use, building or structure and not upon the city.

   (D)   Replacement Value: Replacement value for all structures will be interpreted as the assessed value of the improvement based on information obtained from the township assessor unless the applicant provides replacement value data prepared by a certified appraiser. When assessed value data is not available and the subject owner has not provided appraisal data, the zoning administrator is authorized to determine replacement value based on the best available data.

   (E)   Repairs And Maintenance: Incidental repairs and normal maintenance of nonconforming situations are permitted to maintain a property in sound condition, unless expressly prohibited by this title or other city ordinances. Examples of normal maintenance and incidental repairs include installation or relocation of nonbearing walls, nonbearing partitions, fixtures, equipment, wiring, roofing, and plumbing. Nothing in this chapter may be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of a public official.

   (F)   Safety Regulations: All police power regulations enacted to promote the public health, safety, and welfare including, but not limited to, all building, fire, and health codes, apply to nonconforming uses, buildings and structures.

   (G)   Tenancy And Ownership: The status of a nonconformity is not affected by changes of tenancy, ownership, or management. Nonconforming status "runs with the land". (Ord. 1379, 6-9-2008)

A nonconforming use is one that was lawfully established in accordance with the zoning regulations at the time it was established, but no longer complies with the standards of this title.

   (A)   Continuation: Nonconforming uses may remain, subject to the regulations of this section.

   (B)   Alteration And Expansion:

      1.   Except as expressly prohibited by this section, the zoning administrator is authorized to permit a nonconforming use to expand into another part of the same building or alter or expand the existing building, provided that the zoning administrator determines that such alteration or expansion:

         (a)   Will not result in a violation of off street parking or loading requirements;

         (b)   Will not violate any applicable dimensional standards;

         (c)   Will not result in greater adverse impacts on the surrounding area, with respect to noise, traffic generation, odor, or other environmental effects; and

         (d)   Is not expressly prohibited by subsection (B)2 of this section.

      2.   The following nonconforming uses may not be expanded:

         (a)   A nonconforming business or manufacturing use in an R district;

         (b)   A nonconforming residential use in a business or manufacturing district if such expansion increases the number of dwelling units or the area of the zoning lot.

   (C)   Relocation: A nonconforming use may not be relocated in whole, or in part, to any other lot or parcel unless the relocation brings the use into compliance with all regulations of the zoning district into which it is relocated.

   (D)   Change Or Substitution Of Use:

      1.   Except as otherwise expressly authorized, a nonconforming use may not be changed to any use other than a use allowed within the zoning district in which the use is located. When a nonconforming use has been changed, in whole or in part, to an allowed use, it may not be changed back to a use that is not allowed. A change of use will be deemed to occur when an existing nonconforming use has been terminated and an allowed use has commenced. Any change in use in violation of this chapter will be deemed an abandonment of the previous nonconforming use.

      2.   The zoning administrator has the authority to permit the substitution of one nonconforming use for another nonconforming use within the same use category, provided that the substituted use will create no greater adverse impacts on the surrounding area than the previous use. In making such a determination, the zoning administrator must consider the following factors:

         (a)   Hours of operation;

         (b)   Vehicular traffic generation;

         (c)   The number of employees, patrons, or other people expected to be attracted to the use; and

         (d)   Other factors likely to affect the neighborhood in which the use is located.

      3.   If the zoning administrator approves a use substitution, the previous nonconforming use is deemed to have been abandoned. In permitting such a change in use, the zoning administrator may impose conditions on the substituting nonconforming use.

   (E)   Loss Of Nonconforming Status; Damage Or Destruction:

      1.   If a nonconforming use is discontinued for a period of twelve (12) continuous months or more all nonconforming use rights are lost and reestablishment of the nonconforming use is prohibited.

      2.   If a building or structure occupied by a nonconforming use is damaged or destroyed by fire, explosion, flood, or other means that is not within the control of the property owner or tenant, to an extent of more than fifty percent (50%) of the replacement value of the building and/or structure it may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located. This provision does not apply to single-family dwellings, which may be reestablished in any zoning district in compliance with subsection (E)3 of this section.

      3.   If a building, structure, or property occupied by a nonconforming use is damaged or destroyed, by any means not within the control of the property owner or tenant, to an extent of fifty percent (50%) or less of the replacement value, it may be repaired, reconstructed, or restored provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within one year of the date of damage or destruction, and the construction must be completed within one year of issuance of the building permit. If a building permit is not obtained within one year or the repairs or restoration are not completed within one year of the issuance of the building permit, then the building and/or structure and use may be reestablished only if it complies with all regulations of the district in which it is located.

      4.   In the event that any building, structure, or property occupied by a nonconforming use is damaged or destroyed by a means within the control of the property owner or tenant, the building and/or structure and use may be restored or repaired only in compliance with all regulations of this title.

(Ord. 1379, 6-9-2008; amd. Ord. 1746, 4-22-2019)

A nonconforming building or structure is one that was lawfully established in accordance with the zoning regulations in effect at the time of its establishment but that is no longer in compliance with one or more standards of this title. Common examples of nonconforming buildings or structures are those that do not comply with current setback, height, or building coverage requirements.

   (A)   Continuation: Nonconforming buildings or structures may remain, subject to the regulations of this section.

   (B)   Use: A nonconforming building or structure may be utilized for or occupied by any use allowed in the applicable zoning district, subject to all applicable use standards of chapter 3 of this title.

   (C)   Alteration And Expansion: The zoning administrator is authorized to permit the alteration, expansion, enlargement, or increase in size of a nonconforming building or structure provided that the zoning administrator determines that such alteration or expansion:

      1.   Will not result in a violation of off street parking or loading requirements; and

      2.   Will not create any new nonconformities with respect to bulk or density standards; and

      3.   In the case of an addition that will expand a nonconforming building, the addition will not encroach any further into the existing setbacks, further increase nonconforming building height, or increase nonconforming building coverage.

   (D)   Relocation: A nonconforming building or structure may not be relocated in whole, or in part, to any other location on the same lot or parcel, or to any other lot or parcel, unless the relocation brings the building or structure into further or full compliance with the regulations of the zoning district in which it is relocated. This provision may not be interpreted as prohibiting the elevation of a nonconforming building or structure for the purpose of floodproofing or repair.

   (E)   Loss Of Nonconforming Status; Damage Or Destruction:

      1.   If a nonconforming building or structure is damaged or destroyed by fire, explosion, flood, or other means that is not within the control of the property owner or tenant, to an extent of more than fifty percent (50%) of the replacement value of the building or structure it may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located. This provision does not apply to single- family dwellings, which may be fully reestablished in any zoning district in compliance with subsection (E)2 of this section.

      2.   If a nonconforming building or structure is damaged or destroyed by any means not within the control of the property owner or tenant to an extent of fifty percent (50%) or less of the replacement value, it may be repaired, reconstructed, or restored provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within one year of the date of damage or destruction, and the construction must be completed within one year of issuance of the building permit. If a building permit is not obtained within one year or the repairs or restoration are not completed within one year of the issuance of the building permit, then the building or structure and use may be reestablished only if it complies with all regulations of the district in which it is located.

      3.   In the event that any nonconforming building or structure is damaged or destroyed by a means within the control of the property owner or tenant, the building or structure and use may be restored or repaired only in compliance with all requirements of this title.

(Ord. 1379, 6-9-2008; amd. Ord. 1746, 4-22-2019)

A nonconforming lot of record is a tract of land designated on a duly recorded subdivision plat, by a duly recorded deed, or by other lawful means that does not comply with minimum lot area or lot width regulations of the zoning district in which it is located. No nonconforming lot of record may be improved except in compliance with this section.

   (A)   Use: Any lot in single ownership that became nonconforming upon the effective date specified in section 14-1-2 of this title or any subsequent amendment and does not meet the requirements of this title for lot area or lot width may be developed with a use that is permitted within the applicable district, provided it meets the standards of this section. The owner of a nonconforming lot of record must furnish the following additional information with the application for a building permit:

      1.   A survey by a duly licensed land surveyor, showing the lot upon which the applicant proposes to build and at least a portion of the lots on either side of such lot including the width of the adjoining existing side setbacks as measured to the nearest part of the buildings or structures thereon.

      2.   An affidavit by the owner of the lot described in the application for a building permit, stating that no adjoining lots are currently under his or her ownership.

   (B)   Criteria For Use Of Nonconforming Lots Of Record: Upon compliance with the provisions of subsection (A) of this section and other applicable provisions of this title, the zoning administrator may issue a building permit if the subject lot and proposed development meets the following criteria:

      1.   The nonconforming lot is not adjoining and contiguous to a lot on either side held under common ownership;

      2.   The nonconforming lot is at least two thousand five hundred (2,500) square feet in area and twenty five feet (25') in width and was platted on or before the effective date of this title;

      3.   If the underlying zoning district permits a variety of uses, only one or some of which would meet the dimensional standards for lot area, width, or yards, then only those uses that comply with applicable dimensional and use standards will be permitted; and

      4.   The proposed development on the nonconforming lot will comply with all other bulk and density standards of the subject zoning district. (Ord. 1379, 6-9-2008)

Nonconforming signs are those that were lawfully established but no longer comply with the sign regulations of this title.

   (A)   Continuation: A nonconforming sign may remain, subject to the regulations of this section.

   (B)   Alteration And Expansion: A nonconforming sign cannot be enlarged, expanded or otherwise improved except for the purpose of normal maintenance and incidental repairs. The only alteration to a nonconforming sign that is permitted is a change in the sign face, the words or symbols used or the message displayed, only to advertise an activity, business, or use conducted or a product sold on the premises where the sign is located, provided that the sign is not abandoned, as defined in subsection (E) of this section. Any other alteration or change must be to bring the nonconforming sign into compliance with the regulations of this title.

   (C)   Relocation: A nonconforming sign cannot be relocated in whole or in part to any other location unless the relocation results in the entire sign being brought into compliance with all applicable regulations of this title.

   (D)   Loss Of Nonconforming Status; Damage Or Destruction: If a nonconforming sign is damaged or destroyed by any means not within the control of the property owner to the extent that the estimated expense of repairs exceeds fifty percent (50%) of its replacement value, the sign must be removed or otherwise brought into compliance with the regulations of this title. Removal of a nonconforming sign must include removal of the sign face, all support structures and lighting apparatus.

   (E)   Abandonment: Any nonconforming sign that no longer advertises an activity, business, or use conducted or a product sold on the premises where the sign is located will be deemed to be abandoned after a period of ninety (90) days. All abandoned signs must be removed or brought into full compliance with the regulations of this title. (Ord. 1379, 6-9-2008)

The types of other nonconformities to which this section applies include, but are not limited to, landscaping, off street parking and loading, curb cuts, accessory buildings or structures (except nonconforming signs) and other nonconformities not involving signs, structural aspects of a principal building, lot dimensions, or use of the property.

   (A)   Continuation: Other nonconformities, as defined by this section, may remain subject to the regulations of this section.

   (B)   Alteration And Expansion: Unless otherwise stated in this title, the zoning administrator is authorized to permit the alteration, expansion, or enlargement of buildings, structures or other site improvement on sites with other nonconformities, provided that the zoning administrator determines that such alteration or expansion will not increase the degree of nonconformity. An alteration or expansion or to a building that increases the number of required parking spaces or further reduces the amount of landscaping (where the existing number of parking spaces or amount of landscaping is currently not in compliance with this title) are examples of increases in the degree of nonconformity.

   (C)   Reduction In Nonconformities: Over time, it is the intent of this title to eliminate or reduce the degree of nonconformities to the maximum extent feasible as buildings, sites, or parking areas are redeveloped or expanded. Examples of the manner in which nonconformities could be reduced are the following:

      1.   Construction of additional parking spaces on sites that do not meet parking requirements; and

      2.   Installation of required landscaping within a newly constructed portion of a parking lot that does not meet landscaping requirements. (Ord. 1379, 6-9-2008)