Summit City Zoning Code
ARTICLE XII
Nonconforming Uses, Structures and Lots
§ 35-12.1 Continuance of existing nonconforming uses and structures.
Any nonconforming use or structure which lawfully existed at the time of the passage of this article may be continued, and any legally existing nonconforming building or structure may be reconstructed or structurally altered, but only in accordance with the requirements of this article.
§ 35-12.2 Alteration, extension or enlargement of nonconforming use or structure.
A.
A nonconforming use of any building, structure or land shall not be increased, enlarged, extended or changed in any manner whatsoever.
B.
No building in which a nonconforming use exists shall be enlarged, extended or structurally altered in any manner; provided, however, that:
1.
Nothing herein shall prevent the repair and maintenance of any building wherein there exists a nonconforming use, provided that such maintenance and repair does not in any way constitute or result in a further extension, expansion or increased intensity of a nonconforming use.
2.
Minor alterations and improvements which do not constitute or require structural changes may be made in or to a building wherein a nonconforming use exists, provided that such nonconforming use will not be increased, extended or enlarged thereby.
3.
Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is nonconforming.
C.
Structural alterations, internal rearrangements, additions and renovations may be made in a building or structure which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter, other than use, so long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the nonconformance of said building or structure.
D.
A nonconforming use changed or altered to a conforming use shall constitute a rebuttable presumption of abandonment of the nonconforming use and may not thereafter be changed back to a nonconforming use.
E.
A nonconforming use shall not be permitted to be changed to another nonconforming use.
§ 35-12.3 Restoration of lawfully existing nonconforming buildings or structures.
Whenever a building is nonconforming because it fails to comply with any height, area, yard, off-street parking or requirements of this chapter, other than use, and such building is partially destroyed, such building may be restored to its prior condition; provided, however, that such restoration shall not enlarge the previously existing nonconformance.
§ 35-12.4 Nonconforming improved lot.
When an improved lot in a residential zone exists as a separate isolated lot (the lot does not adjoin any land or lot of the same owner), and which said improved lot is nonconforming due to size, shape, area or setback, any existing residential building or structure on the lot may be further improved, provided that:
A.
The number of dwelling units shall not be increased even if such increased number of dwelling units is allowed in the zone, unless approved by the Zoning Board of Adjustment.
B.
Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be extended or made more nonconforming, including any vertical or belowground additions of any type.
C.
Any existing and proposed improvement on the nonconforming improved lot shall not exceed the percentage of maximum building coverage, lot coverage, and floor area ratio set forth in the Schedule of Space Regulations located in the Appendix at the end of this chapter.[1]
[1]
Editor's Note: The Appendixes are included as attachments to this chapter.
§ 35-12.5 Nonconforming unimproved lot.
Notwithstanding any other provisions of this article, any existing nonconforming lot in the R-43, R-25, R-15, R-10, R-6, R-5 and RAH-1 Zones not adjoining any vacant land under common ownership and which is nonconforming due to width or area, may be improved with a new building or structure in accordance with the use requirements of this article, provided that the structure shall meet all other requirements in Schedule of Space Regulations located in the Appendix at the end of this chapter.[1]
[1]
Editor's Note: The Appendixes are included as attachments to this chapter.