Vermilion City Zoning Code
CHAPTER 1280
Nonconforming Uses
1280.01 INTENT.
Within the districts established by this Zoning Code, as amended, there exist lots, uses of land, structures and uses of structures and land in combination which were lawful before this Zoning Code was passed or amended, but which would be prohibited, regulated or restricted under this Zoning Code, as amended. This chapter is intended to permit these nonconformities to continue until they are removed, but is not intended to encourage their survival except as otherwise provided herein. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except as otherwise provided herein.
(Ord. 00-3. Passed 5-1-00.)
1280.02 EXTENSION OR ENLARGEMENT OF NONCONFORMITIES.
A nonconformity is hereby declared to be incompatible with permitted uses in the districts in which such nonconformity is located. A nonconforming use of a structure, land or a combination thereof shall not be extended or enlarged after passage of this chapter (Ordinance 76-31, passed June 21, 1976), by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located.
(Ord. 76-31. Passed 6-21-76.)
1280.03 BUILDINGS UNDER CONSTRUCTION.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building for which a valid building permit has been obtained, or on which actual construction was lawfully begun prior to the effective date of this chapter (Ordinance 76-31, passed June 21, 1976), and upon which actual building construction has been carried on diligently. "Actual construction" includes the placing of construction materials in a permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work is carried out diligently. (Ord. 76-31. Passed 6-21-76.)
1280.04 ERECTION OF SINGLE-FAMILY DWELLINGS ON SINGLE LOTS OF RECORD.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory building may be erected on any single lot of record on the effective date of this chapter (Ordinance 76-31, passed June 21, 1976), or an amendment thereof, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This section shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variances of requirements of this Zoning Code, other than lot area or width, shall be obtained only through action of the Board of Zoning Appeals as provided in Chapter 1264. (Ord. 76-31. Passed 6-21-76.)
1280.05 NONCONFORMING LOTS OF RECORD IN COMBINATION.
If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage of this chapter (Ordinance 76-31, passed June 21, 1976), and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter and no portion of such parcel shall be used or sold in a manner which diminishes compliance with the lot width and area requirements established by this Zoning Code, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements of this Zoning Code.
(Ord. 76-31. Passed 6-21-76.)
1280.06 NONCONFORMING USES OF LAND.
Where, at the time of the adoption of this chapter (Ordinance 76-31, passed June 21, 1976), a lawful use of land exists which would not be permitted by this Zoning Code, the use may be continued so long as it remains otherwise lawful, provided that:
(a) No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied on the effective date of this chapter (Ordinance 76-31, passed June 21, 1976).
(b) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use on the effective date of this chapter (Ordinance 76-31, passed June 21, 1976).
(c) If any such nonconforming use of land is discontinued or abandoned for more than one year, except when government action impedes access to the premises, any subsequent use of such land shall conform to the regulations specified by this Zoning Code for the district in which such land is located.
(d) No additional structure not conforming to this chapter shall be erected in connection with such nonconforming use of land.
(Ord. 76-31. Passed 6-21-76.)
1280.07 NONCONFORMING STRUCTURES.
Where a lawful structure exists on the effective date of this chapter (Ordinance 76-31, passed June 21, 1976) that could not be built under this Zoning Code by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk 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 such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(b) If such nonconforming structure or nonconforming portion of a structure is destroyed by any means, it shall not be reconstructed except in conformity with this Zoning Code.
(c) If such structure is moved for any reason for any distance, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. 76-31. Passed 6-21-76.)
1280.08 NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION.
If a lawful use involving individual structures, or a structure and land in combination, exists on the effective date of this chapter (Ordinance 76-31, passed June 21, 1976) that would not be allowed in the district under this Zoning Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) No existing structure devoted to a use not permitted by this Zoning Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located.
(b) Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption of this chapter (Ordinance 76-31, passed June 21, 1976), but no such use shall be extended to occupy any land outside such building.
(c) Any structure, or a structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which it is located and the nonconforming use may not thereafter be resumed.
(d) When a nonconforming use of a structure, or a structure and land in combination, is discontinued or abandoned for more than one year (except when government action impedes access to the premises), the structure or structure and land in combination shall not thereafter be used, except in conformity with the regulations of the district in which it is located.
(Ord. 76-31. Passed 6-21-76.)
(e) Where a nonconforming use status applies to a structure and land in combination, damage, destruction, alteration or removal of the structure, totaling fifty percent or more of the appraised value of the structure at the time of the destruction, shall eliminate the nonconforming status of the land, and such structure, the land or the structure and land in combination shall thereafter conform to the regulations for the district in which they are located and the nonconforming use may not thereafter be resumed.
(Ord. 00-3. Passed 5-1-00.)
1280.09 REPAIRS AND MAINTENANCE.
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 nonbearing walls, fixtures, wiring or plumbing, provided that the cubic content existing when such structure or portion became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a 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.
(Ord. 76-31. Passed 6-21-76.)
1280.10 CONDITIONAL USES.
Any use which is permitted as a conditional use in a district under this Zoning Code shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming use.
(Ord. 76-31. Passed 6-21-76.)
1280.11 SINGLE-FAMILY RESIDENTIAL DWELLINGS IN NONRESIDENTIAL DISTRICTS.
All single-family residential dwellings in existence at the time of the adoption of this section that are located in nonresidential zoning districts shall be considered as permitted uses for structures and land use in all zoning districts, and shall remain as permitted uses until such time as such a structure is damaged, destroyed, altered or removed beyond fifty percent of the structure's appraised value at the time of such damage, destruction, alteration or removal, or until the structure is voluntarily changed to a conforming use for the zoning district in which the single-family dwelling is located. Once a single-family residential dwelling located in a nonresidential zoning district is used for something other than a single-family residential dwelling, it shall not be used as a single-family residential dwelling again. Notwithstanding anything to the contrary in the first sentence of this section, a single-family dwelling located in a nonresidential zoning district that is damaged, destroyed, altered or removed beyond fifty percent of its appraised value at the time of such damage, destruction, alteration or removal may be rebuilt with the prior aproval of the Board of Zoning Appeals. The Board shall grant such approval if, but only if, the Board finds that: there are other residential dwellings currently in use within 300 feet of the damaged, destroyed, altered or removed dwelling; the adjoining properties will not be adversely affected by such rebuilding; and the continued use of the damaged, destroyed, altered or removed dwelling (after its rebuilding) for single-family residential purposes will not be detrimental to the health or safety of the residents of the City, including the residents of the dwelling that was damaged, destroyed, altered or removed.
(Ord. 00-3. Passed 5-1-00.)