Springfield City Zoning Code
TITLE SIX
Nonconforming Standards
1131.01 CLASSIFICATION AND EFFECT OF NONCONFORMING STATUS.
(a) Classification of Nonconformities. Lots, uses of lands, structures, signs, or combinations thereof may exist which were lawfully established prior to the effective date or amendment of this Zoning Code, but that do not comply with the effective terms of this Zoning Code. Such legally established lots, uses of lands, structures, and signs shall be considered as nonconformities.
(b) Burden of Proof on Property Owner. The burden of establishing that any use or building is lawfully nonconforming under the provisions of this Zoning Code shall, in all cases, be upon the owner of such nonconformity and not upon the City of Springfield.
(c) Effect of Nonconforming Status. Legally established nonconformities shall be permitted to remain in place and continue their use, as applicable, but are prohibited from being altered, moved, extended, expanded, or replaced without the approval of the Board of Zoning Appeals, except where otherwise specifically provided for in this Zoning Code.
(d) New Nonconformities Restricted. Nonconforming uses and buildings shall not be replaced with any other prohibited uses or buildings without the approval of the Board of Zoning Appeals, except where otherwise specifically provided for in this Zoning Code.
1131.02 DETERMINATION AND EFFECT OF ABANDONMENT OR
(a) Effect of Abandonment or Vacancy. If any nonconforming building, feature, or use is abandoned, vacated, or voluntarily discontinued for 2 years or more, any future uses or any future alterations to such nonconformity shall be in conformity with all applicable standards of this Zoning Code, including the applicable zoning district.
(b) Restoration Following Damage or Destruction. Nothing in this Zoning Code shall prevent the restoration of a nonconforming building, feature, or use that is destroyed or damaged, provided:
(1) That the extent of the damage or destruction is less than 60% of the reproduction value;
(2) That the property owner(s) shall file with the Community Development Director a notice of intention to continue the nonconformity within 6 months of such damage or destruction; and
(3) That the restoration or construction is commenced within one year of the date that such notice is given to the Community Development Director.
(c) Failure to Provide Notice Following Damage or Destruction. If a notice of intention to continue a damaged or destroyed nonconformity is not provided to the Community Development Director within 6 months of such damage or destruction, the nonconformity shall be deemed abandoned and shall not be restored except in compliance with this Zoning Code.
(d) Exception to Restoration Limit. The Board of Zoning Appeals may review and decide upon the restoration of a nonconforming use damaged by fire, explosion, or Supernatural Event to the extent of more than 60% of its reproduction value.
1131.03 REPAIR AND MAINTENANCE.
(a) Ordinary Repairs Allowed. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring, or plumbing, provided that the footprint and height of the structure as it existed, when it became nonconforming, shall not be increased.
(b) Major Repairs Allowed with Limitations. Nothing within this Zoning Code shall be deemed to prevent the strengthening or restoring to safe condition of any building, or part thereof, declared to be unsafe by any official charged with protecting the public safety, upon order of such official. Where appropriate, a building permit for such activities shall be required.
1131.04 RESTRICTIONS ON ALTERATIONS.
(a) Required Yards and Setbacks. Nonconforming buildings, features, and uses shall not be altered in a manner that reduces provided yards or setbacks below minimum requirements.
(b) Alterations to Nonconforming Uses
(1) Nonconforming uses shall not 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 Zoning Code. The Board of Zoning Appeals shall only grant such alteration to a nonconforming use upon finding that the manner of increase or improvement in the useable area of the nonconforming use will have minimal adverse impact upon adjacent properties and permitted land uses in the surrounding neighborhood; or upon finding that the increase or improvement can be made compatible with the adjacent properties and the uses in the surrounding neighborhood upon compliance with specified conditions.
(2) Nonconforming uses may be extended throughout any parts of an associated building that were arranged or designed for such use at the time of adoption or amendment of this Zoning Code. No such use shall be extended to occupy any land outside such building.
(3) Any structure or structure and land in combination in or on which a nonconforming use is replaced with a conforming use shall thereafter conform to the applicable regulations of this Zoning Code. The prior nonconforming use may not be resumed.
(4) Nonconforming uses that are altered shall be required to meet all setbacks of the applicable zoning district.
(c) Substitution of Nonconforming Uses. If no structural alterations are made, any nonconforming use of a structure or of a structure and land in combination may, upon appeal to the Board of Zoning Appeals, be changed to another nonconforming use provided that the Board shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such a change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accord with other provisions of this Zoning Code.
(d) Alterations to Nonconforming and Associated Buildings. Buildings that are associated with a nonconforming use shall not be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to an allowed use, except as authorized by the Board of Zoning Appeals.
(e) New Construction Prohibited. Construction of new buildings associated with nonconforming uses of land shall be prohibited.
1131.05 ACCESSORY BUILDINGS, FEATURES, AND USES.
(a) Applicability. Accessory buildings, features, and uses that were legally established prior to the effective date of this Zoning Code which do not comply with applicable setback or coverage requirements shall still be considered in compliance with this Zoning Code.
(b) Compliance for New Modifications. Any modifications of existing accessory buildings, features, and uses proposed after the effective date of this Zoning Code shall only be permitted in compliance with all applicable standards of this Zoning Code.
1131.06 NEW RESIDENTIAL CONSTRUCTION ON NONCONFORMING LOTS.
(a) Construction Allowed. Within a zoning district where one-unit or two-unit dwellings are permitted, a one-unit or two-unit dwelling and any allowed accessory buildings and features may be erected on a nonconforming single lot of record that is in separate ownership from any abutting lots, even where such lot does not meet minimum applicable lot area or lot width standards.
(b) Minimum Required Dimensional Standards. Construction of dwellings on a nonconforming lot shall meet all applicable yard and setback standards, except where the infill development standards are utilized, or a variance has been approved.
1131.07 RESTRICTIONS ON ALTERATIONS OF LOTS AND SIGNS.
(a) Alterations to Lot Area and Width. Nonconforming lots shall not be subdivided or otherwise altered in a manner that reduces the provided lot area or lot width below the prescribed minimum requirements.
(b) Alterations to Signs. The replacement or upgrading of defective parts of a nonconforming sign may not result in increasing the degree of nonconformity of such sign.
1131.08 DETERMINATION AND LOSS OF SIGN LEGAL NONCONFORMITY.
(a) Determination of Legal Nonconformity. All signs legally existing before the effective date of the amendment of this resolution may be continued, even though such sign may not conform with the provisions (excluding safety, maintenance, and repair) of this resolution, provided, such signs are properly maintained and do not endanger the public health, safety, or general welfare.
(b) Loss of Legal Nonconforming Status. A legal nonconforming sign will lose its designation of legal nonconformity if:
(1) The sign is relocated;
(2) The sign is replaced;
(3) The structure or size of the sign is altered in any way except towards compliance with this Zoning Code - exempting general maintenance, changeable marquees, or face and copy changes; or
(4) The sign is on a lot that discontinues active operation for a period of two or more years.
(c) Maintenance and Repair of Nonconforming Signs
(1) Legal nonconforming signs are subject to all requirements of this Zoning Code regarding safety, maintenance, and repair. However, if the sign suffers damage to an extent greater than 60% of the estimated replacement value, unless such damage was caused by vandalism, a Supernatural Event, or other causes outside the influence of the owner or user, the sign shall be replaced with a sign that complies with this Zoning Code.
(2) The Community Development Director shall be authorized to determine whether a legal nonconforming sign is properly maintained and does not endanger the public or constitute a nuisance.