Strasburg City Zoning Code
NON-CONFORMING USES
§ 153.150 INTENT.
It is the intent of this subchapter to accomplish the following:
(A) To protect the legal status of uses and structures that were legal and conforming to laws that were in effect prior to adoption of this chapter and subsequent amendments;
(B) To permit the reasonable replacement of a legal, non-conforming use or structure which is destroyed by a catastrophe; and
(C) To encourage the reasonable and eventual conversion of a legal, non-conforming use or structure to conformance with the standards of this chapter.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.151 RESTRICTIONS ON LEGAL NON-CONFORMING USES.
(A) Use or structure may continue after amendments. Any lawful uses of buildings or land existing as of August 20,1996 may be continued, even though such use does not conform to the provisions hereof, but subject to the requirements of this chapter. Whenever the use of a building or land becomes non-conforming through a change in the amended zoning ordinance or in the district boundaries, such use may be continued, or structure may continue to be used, subject to the provisions in the amended ordinance.
(B) Discontinuance of use. A non-conforming use which is discontinued for a period of one year shall not again be used except in conformity with the regulations of the district in which it is located.
(C) Uses or structures partially destroyed by catastrophe. A legal, non-conforming use or structure which has been damaged by fire, explosion, act of God or a public enemy to the extent of 60% or more of its restoration value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than 60% of its restoration value, a non-conforming use may be replaced, repaired or reconstructed, and used only as before the time of damage; provided such repairs or reconstruction are started within six months of the date of such damage; and provided that public health, safety and welfare are not jeopardized. The Zoning Inspector may require the property owner to remedy any public nuisance or safety hazard resulting from the damage to the structure. Such remedies shall be subject to review and approval of emergency and safety forces. If repairs or reconstruction or not completed within two years of the date of such damage, the property and any structures shall not be used except in conformance with all provisions of this chapter. In the event that the owner and the village do not concur on the reproduction value, a determination of reproduction value shall be made by three practicing building construction contractors, one to be appointed by the owner, one to be appointed by the municipality, and the third selected by the mutual consent of the two parties. Costs for the services of the building construction contractors shall be borne by the applicant.
(D) Conditional uses are not made legal, non-conforming uses. It is not the intention herein to classify as non-conforming a use or building allowed in a district as a conditional use under the regulations of this chapter.
(E) Uses and structures approved but not yet existing. Any building arranged, intended or designed for a non-conforming use, or which would be a non-conforming structure, and which has been granted final approval of a zoning certificate, conditional use permit, variance and all other permits or approvals, excluding the zoning compliance inspection, prior to the adoption of this chapter may be completed as a legal, non-conforming use or structure and/or used for such legal, non-conforming use; provided it is completed within one year after this chapter or any subsequent applicable amendment takes effect.
(F) Determination of legal, non-conforming status. Any person or corporation claiming the right of operation or use as a pre-existing legal non-conforming use as described in this chapter shall make and preserve reasonable records and other proofs of the existence and extent of such use at the time it becomes non-conforming when this chapter or any subsequent amendment takes effect. In those circumstances where the village and the property owner do not agree on the status of a particular use, the Board of Zoning Appeals shall make any final determination on the status of a non-conforming use. Any property owner, tenant or lessee may apply to the Board of Zoning Appeals for a determination of the status of a non-conforming use. Such application may be made even if there is no proposed alteration of a structure or use.
(G) Use may be extended in a structure. The legal, non-conforming use of a building may be extended throughout those existing parts of the building which were arranged or designed for such use; provided, however, that no non-conforming use shall be extended to displace a conforming use.
(H) Expansion of legal, non-conforming use. No such non-conforming use shall be enlarged or increased, nor extended to occupy more than 10% more than the ground area devoted to the use which existed at the time such use became non-conforming.
(I) Replacement of a legal non-conforming use. When any non-conforming use is replaced by a permitted use, the use shall thereafter conform to the regulations for the district and no non-conforming use shall thereafter be resumed. No non-conforming use shall be changed to another non-conforming use.
(J) Alteration of dilapidated structures. If a non-conforming structure becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized 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 district in which it is located.
(K) Structures may be repaired for wear. Nothing in this subchapter shall prevent the reconstructing, repairing or rebuilding of a non-conforming building, structure or part thereof rendered necessary by wear and tear, deterioration or depreciation; provided that the cost of such work done in any period of 12 consecutive months does not exceed 20% of the replacement value of such building or structure at the time such work is done.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.152 EXPIRATION OF APPROVAL OF CHANGES.
Any approval by the Board of Zoning Appeals of a change in a legal, non-conforming use and/or structure shall expire if the use is not conducted as approved, or if construction of approved changes is not commenced within six months of the date of approval.
(Ord. O-38-2020, passed 12-14-2020)