Summerset City Zoning Code
NONCONFORMING USES
§ 155.315 PURPOSE AND INTENT.
The purpose of this subchapter is to provide for the regulation of nonconforming uses, buildings, and structures and to specify those circumstances under which they shall be permitted to continue.
(Ord. passed 2-3-2011, § 2.34.010)
§ 155.316 CONTINUATION OF NONCONFORMING USES.
Subject to the provisions of this subchapter, the lawful use of a premises or a building or structure existing immediately prior to the effective date of the ordinance codified herein or any amendment thereto may be continued although such use does not conform to the provisions hereof except as otherwise provided in this subchapter.
(Ord. passed 2-3-2011, § 2.34.020)
§ 155.317 CHANGE OF NONCONFORMING USE.
(A) (1) If no structural alterations or additions are made, a nonconforming use may be changed to another nonconforming permitted use of the same or a more restrictive classification.
(2) For the purposes of this chapter, each of the following classifications shall be considered to be MORE RESTRICTIVE:
(a) Agricultural;
(b) Single-Family Residential;
(c) One- and Two-Family Residential;
(d) Multi-Family Residential;
(e) General Commercial; and
(f) General Industrial.
(B) Whenever a nonconforming use has been changed to a more restrictive use or to a permitted use, such use shall not thereafter be changed to a less restrictive use.
(Ord. passed 2-3-2011, § 2.34.030)
§ 155.318 EXTENSION OR ENLARGEMENT.
(A) Definition. A nonconforming use shall not be enlarged, extended, converted, reconstructed, or structurally altered unless such use is changed to a use permitted in the district in which the premises is located or required to do so by law or order.
(B) Exception. However, if a building or structure is legally conforming as to use, but legally nonconforming as to yards or height or off-street parking space, the building or structure may be enlarged or added to, provided that the enlargement or addition complies with the off-street parking requirements of the district in which the building or structure is located and further does not encroach into any required setback beyond the building line established by the existing building or structure.
(C) Restrictions.
(1) No legally nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of the building or structure is made to conform to all of the regulations of the district in which it is located.
(2) Nothing in this section shall prohibit the expansion of the legal nonconforming use if the property is for a single-family dwelling and any expanded use complies with yard, height, lot coverage, and use requirements for R-1 Zoning.
(Ord. passed 2-3-2011, § 2.34.040)
§ 155.319 RESTORATION AFTER DAMAGE.
(A) When the use of a building is nonconforming as defined by this title and such a building is damaged by a fire, explosion, act of God, or the public enemy to the extent of more than 50% of its fair market value, it shall not be restored except in conformity with the provisions of the district in which the building is located.
(B) When damaged by less than 50% of its value, a legal nonconforming building may be repaired or reconstructed, and used as before the time of damage, provided such repairs or reconstruction are completed within one year of the date of such damage.
(Ord. passed 2-3-2011, § 2.34.050)
§ 155.320 DISCONTINUATION OF NONCONFORMING USES.
In the event that a nonconforming use is discontinued for more than one year, the Board of Commissioners may adopt, after notice by certified mail to the property owners, an amortization schedule to bring about the gradual elimination of such nonconforming use.
(Ord. passed 2-3-2011, § 2.34.060)
§ 155.321 EFFECT ON USE WHICH IS ILLEGAL UNDER PRIOR LAW.
Nothing in this chapter shall be interpreted as authorization for, or approval of, the continuance of the use of a premises in violation of zoning regulations in effect immediately prior to the effective date of the ordinance codified herein or any amendment thereto.
(Ord. passed 2-3-2011, § 2.34.070)
§ 155.322 EXISTING SMALL LOTS.
Where an individual lot is held in separate ownership and complies with all applicable zoning and subdivision requirements, except for the minimum lot size requirement of the zoning district in which it is located, such lot may be developed for any permitted uses or conditional uses specified in that zoning district except for duplex or multi-family development.
(Ord. passed 2-3-2011, § 2.34.080)