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City Zoning Code
City Zoning Code
NONCONFORMING USES
§ 156.075 INTENT.
Within the districts established by this chapter, or amendments hereinafter adopted, there may exist lots, structures, uses of land and structure which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed and to permit reasonable extensions as allowed by law, but not to encourage their survival.
(Ord. 34-90, passed 12-26-90)
§ 156.076 WHEN PERMITTED.
(A) Existing land or buildings. Any use of land or buildings existing on the effective date of this chapter may be continued, even though such use does not conform to the provisions herein, so long as such use was in conformity with the zoning ordinance in effect in the municipality at the time that the use or structure was established. No nonconforming building, structure, or use shall be moved, extended, enlarged, reconstructed, or structurally altered, except as specifically provided in this chapter.
(B) Construction commenced. Any property purchased or acquired in good faith for any nonconforming use prior to the adoption of this chapter, upon which property the work of changing, remodeling or construction of such nonconforming use has been legally commenced at the time of adoption of this chapter, may he used for the nonconforming use for which such changing, remodeling or construction was undertaken, provided that such work is completed within two years from the date of adoption of this chapter or amendment hereto making said use nonconforming.
(Ord. 34-90, passed 12-26-90) Penalty, see § 156.999
§ 156.077 SUBSTITUTION.
The Board of Zoning Appeals may allow the nonconforming use of a building or structure to be changed to another nonconforming use of the same or of a more restricted classification, provided no structural alterations except those required by law or ordinance are made. However, in an “R” District, no change shall he authorized by the Board of Zoning Appeals to any use which is not a permitted or conditional use in any “R” District, and in a nonresidential district, no change shall be authorized to any use which is not permitted or conditional use in that district where the nonconforming use is first listed.
(Ord. 34-90, passed 12-26-90)
§ 156.078 EXTENSION.
No nonconforming use shall be enlarged, extended, reconstructed, or structurally altered, except as follows:
(A) The Board may permit, on a once-only basis, a building containing a nonconforming use to be enlarged to an extent not exceeding 20% of the ground floor area of the existing building or structure devoted to a nonconforming use at the time of enactment of this chapter or at the time of its amendment making the use non-conforming. The Board shall not authorize an extension which would result in a violation of the provision of this chapter with respect to any adjoining premises, or which would occupy ground space required for meeting the yard or other requirements of this chapter.
(B) No nonconforming building or structure shall be moved in whole or in part to any other location unless such building or structure and the yard and other open spaces provided are made to conform to all of the regulations of the district in which such building or structure is to be located.
(C) Any residential structure which is nonconforming due to the fact of its being in a non- residential zoning district may be enlarged, extended, reconstructed or structurally altered provided it meets the requirements of the adjacent or most proximate R-District.
(Ord. 34-90, passed 12-26-90)
§ 156.079 DISCONTINUANCE.
A nonconforming use which has been discontinued or abandoned shall not thereafter be returned to a nonconforming use. A nonconforming use shall be considered abandoned whenever any one of the following conditions exist:
(A) When the use has been voluntarily discontinued for a period of two years.
(B) When the nonconforming use has been replaced by a conforming use.
(Ord. 34-90, passed 12-26-90)
§ 156.080 DAMAGE AND/OR DESTRUCTION OF A NONCONFORMING BUILDING OR USE.
When a building or structure, the use of which does not conform to the provisions of this chapter, is damaged by fire, explosion, act of God, or the public enemy, it may be restored or rebuilt and continued in such nonconforming use, provided that the restoration or rebuilding is commenced within six months of the time of damage, that construction is completed within 18 months, and that such restoration or rebuilding would not extend or expand the existing use.
(Ord. 34-90, passed 12-26-90)
§ 156.081 MAINTENANCE AND REPAIR.
Nothing in this chapter shall be deemed to prevent normal maintenance and repair of a building or structure containing a nonconforming use. Structural alterations may be made to a building or structure containing a nonconforming use as follows:
(A) When required by law.
(B) To convert to a conforming use.
(C) A building or structure containing residential nonconforming uses may be so altered as to improve interior livability. However, no structural alterations shall be made which exceed the area or height requirements or which would extend into any yard required in the district in which such building is located.
(Ord. 34-90, passed 12-26-90)
§ 156.082 NONCONFORMING LOTS OF RECORD.
In any district where dwellings are permitted, a one-family detached dwelling or accessory building if the lot is already occupied by a one-family residence, may be erected on any lot of official record on the effective date of this chapter, even though such lot does not comply with the lot area and width requirements of the district in which it is located, provided said lot has a minimum of 35 feet frontage on a public street; and further provided the following conditions are complied with:
(A) In any district where dwellings are permitted, two inches may be deducted from the required minimum width of each side yard and four inches from the required minimum width of both side yards for each foot that the lot is narrower than the required width for the district. In no case, however, shall any side yard be narrower than four feet.
(B) For lots having a depth of less than 110 feet, the depth of the rear yard need not exceed 25% of the total depth of the lot, but shall not be less than 20 feet.
(Ord. 34-90, passed 12-26-90)