Springfield City Zoning Code
NON-CONFORMING STRUCTURES
AND USES
§ 156.090 INTENT.
Within the districts established by this chapter or amendments that may be later adopted, there exist lots, structures and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that non-conformities shall not be enlarged upon or expanded, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(Ord. 2024-004, passed 12-23-2024)
§ 156.091 NON-CONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yard, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No non-conforming structure may be enlarged, moved or structurally altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.
(B) Should such non-conforming structure or non-conforming portion of such structure be destroyed by any means to an extent of 55% or more of its replacement cost at the time of destruction, exclusive of foundations, it shall not be repaired or reconstructed except in conformity with the provisions of this chapter.
(C) Should such non-conforming structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(D) No non-conforming structure may be re-established after it has been discontinued for 24 consecutive months or more except when government action impedes access to the premises. A vacated premises or building of non-operative status shall be evidence of a discontinued use.
(E) No non-conforming structure may be changed to any other use except one which is a permitted use in the zoning district in which it is located.
(F) The provisions of this section shall not apply to residential structures in industrial districts.
(G) When a non-conforming structure is superseded by a permitted use, the structure shall thereafter conform to the regulations for the zoning district, and the non-conforming use may not thereafter by resumed.
(Ord. 2024-004, passed 12-23-2024)
§ 156.092 NON-CONFORMING USES OF LAND.
Where at the time of passage of this chapter or amendments, lawful use of land exists which would not be permitted in the zoning district under the terms of this chapter, the lawful use may be continued as it remains otherwise lawful subject to the following provisions.
(A) No nonconforming use, except single-family residential uses in the Agriculture and Single-Family Residential Districts, shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(B) No such non-conforming use shall be moved in whole or part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this chapter.
(C) If any non-conforming use of land ceases for any reason for 24 consecutive months or more, except where government action impedes access to the premises, any subsequent use of land shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(D) No additional structure not conforming to the requirements of this chapter shall be erected in connection with such non-conforming uses of land.
(Ord. 2024-004, passed 12-23-2024) Penalty, see § 156.999
§ 156.093 NON-CONFORMING USE OF STRUCTURES OR STRUCTURES/PREMISES.
Where at the time of passage of this chapter or amendments, lawful use involving individual structures, or of structure and premises in combination, exists which would not be permitted in the zoning district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No structure, or structure and premises in combination, devoted to a non-conforming use shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the zoning district in which it is located.
(B) Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zoning district, and the non-conforming use may not thereafter be resumed.
(C) If any non-conforming use of a structure, or structure and premises in combination, ceases for 24 consecutive months or more, except when government action impedes access to the premises, any subsequent use of the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the zoning district in which it is located. Vacated premises or building of non-operative status shall be evidence of a discontinued use.
(D) Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. Destruction for the purposes of this division (D) is defined as damage to an extent of more than 55% or more of its replacement cost, exclusive of foundation, at time of destruction.
(Ord. 2024-004, passed 12-23-2024) Penalty, see § 156.999
§ 156.094 NON-CONFORMING LOTS OF RECORD.
(A) Single lot. In any zoning district in which single-family dwellings were permitted as of the adoption of this chapter, a single-family dwelling and customary accessory buildings 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. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the zoning district; provided that yard dimensions and requirements other than these applying to area or width, or both of the lot shall conform to these regulations for the district in which such lot is located. If the non-conforming lot is converted to another use, the protected status granted hereunder terminates, variance of yard requirements shall be obtained only through action of the Board of Adjustments.
(B) Variance required. The owner of a non-conforming lot of record at the time of the adoption of this chapter may submit an application to the Board of Adjustments for a variance from the terms of this chapter in accordance with the provisions of § 156.132.
(Ord. 2024-004, passed 12-23-2024)
§ 156.095 REPAIRS AND MAINTENANCE.
(A) Ordinary repair. On any non-conforming structure or portion of a structure containing a non-conforming use, any change that does not require a building permit is considered ordinary maintenance and shall not affect the non-conforming status.
(B) Unsafe buildings. If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to the lack of repairs and maintenance, and is declared by any building official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the zoning district in which it is located.
(C) Mobile homes. Any mobile home that was properly permitted prior to the adoption of this chapter, but now considered a non-conforming use, may be replaced by a newer model, affixed with an A or B Seal, without affecting its non-conforming status but must meet other requirements of all local, state and federal rules, requirements and restrictions.
(Ord. 2024-004, passed 12-23-2024)