Any lawful use of land or structures, existing at the effective date hereof, or subsequent amendments thereto, and located in a zone in which it would not be permitted as a new use of structure under the terms of this chapter, is declared to be a legal nonconformance. It is the intent of the Zoning Code to encourage their conversion to conformance where possible, and to permit these nonconformances to continue until terminated either by voluntary act, by catastrophic event, or by amortization.

(1978 Code, § 5-4-1; Ord. 1969-O-1, passed 1-21-1969)

(a)

Definition. A nonconforming recorded lot is a tract of land, designated on a duly recorded subdivision plat, having less than the minimum lot area, width or other criteria prescribed for the particular zone in which it is located.

(b)

Separate ownership. A nonconforming recorded lot owned separately from all adjoining tracts of land shall be subject to the following provisions.

(1)

In residential zones.

a.

Permitted uses. A nonconforming recorded lot may be used for a single-family dwelling and accessory uses.

b.

Side yards and corner lots. As to all lots of record existing as of the effective date hereof, where a lot is located at the intersection of two or more streets, there shall be a front yard for the front of the lot as provided by this chapter and as to the other portion of the lot fronting on a public way or street there shall be a yard requirement not less than 15 feet; provided, however, that the buildable width of such lot shall not be reduced to less than 26 feet, the side yard furthest from the public street shall be reduced first to a distance not less than three feet and the remainder of the required side yard shall be taken from that portion of the yard abutting the public way.

c.

Front yard requirements. The front yard shall be as set forth in this chapter unless two or more lots constituting 40 percent or more of the frontage on the same side of the street between two intersecting (crossing or terminating) streets are improved with buildings that have observed a front yard line with a lesser depth and the front yards of such buildings do not vary between each other by a distance of more than ten feet, then in that case an average front yard shall be established which shall govern the front yard requirement but in no case shall the front yard so established be less than 15 feet.

(2)

In any other zone.

a.

Permitted uses. A nonconforming recorded lot may be used for any principal use and accessory uses permitted in the zone in which it is located.

b.

Side yards. Each side yard required for a nonconforming recorded lot shall be determined by multiplying the actual width of the lot by the yard required in the zone in which the lot is located, divided by the minimum lot width required in the zone in which the lot is located. However, no nonconforming side yard shall be less than five feet.

c.

Front yard, rear yard, height restrictions, coverage and floor area ratio. A nonconforming recorded lot shall comply with the same front yard, rear yard, height restriction, coverage and floor area ratio as specified for the zone in which it is located.

(c)

Common ownership. Where there are two or more lots or combinations of lots and portions of lots with continuous frontage and with a combined area less than the area prescribed for the zone in which the lots are located, they shall be considered to be an undivided parcel for the purposes of the Zoning Code. Lots or parts of lots resulting from the division of such nonconforming lots held in common ownership shall not be entitled to zoning certificates or building permits as provided in the Zoning Code. The zone, use and lot requirements of common ownership lots shall be the same as those specified in subsection (b) of this section.

(d)

Construction, repair and alteration. Construction of new buildings, or repair of existing buildings that are being used for permitted uses but are located on nonconforming recorded lots, shall be permitted. If any building is damaged or destroyed, it can be rebuilt for its original permitted use to the extent of its original development or a new building can be constructed for any use to the extent permitted in subsection (b) of this section.

(1978 Code, § 5-4-2)

(a)

Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1)

A nonconforming use is an activity using land or structures or both, legally established prior to the effective date hereof, or subsequent amendments thereto, which would not be permitted as a new use in the zone in which it is located under the terms of the Zoning Code.

(2)

A nonconforming structure is one which was legally constructed prior to the effective date hereof, or subsequent amendments thereto, which would not be permitted as a new structure under the terms of this Code because such structure is not in conformance with the yards, height, coverage or floor area ratio requirements of the zone in which it is located. A structure located on a nonconforming recorded lot is not classified as a nonconforming structure solely because of insufficient lot area or width, nor shall anything herein be construed to affect the provisions contained in section 155.076.

(b)

Nonconforming use and structure regulations. Any building or structure containing a nonconforming use, or any nonconforming structure, shall be subject to the following regulations.

(1)

If any building or structure is destroyed by any means to an extent of more than 50 percent of the replacement cost of that portion of the principal and accessory buildings which are above grade, such building or structure shall not be rebuilt or reoccupied for any use except in accordance with the zone regulations of the zone in which it is located.

(2)

Damage to an extent less than that of subsection (b)(1) above shall be repaired in a manner as nearly conforming as possible.

(3)

Normal maintenance and repairs shall be permitted.

(4)

Enlargements or alterations of an existing nonconforming structure or use of land shall not be permitted except where such changes result in bringing the nonconformance into compliance with the requirements of the Zoning Code. Nonconforming uses shall not be changed to any use other than one permitted in the zone in which it is located.

(5)

Discontinuation of a nonconforming use of land or of a structure for any reason for a period of more than one year shall be considered abandonment of that use. Such use shall not be reestablished, and any subsequent use of the land or structure shall conform to the regulations of the zone in which it is located.

(6)

Industrial uses which are nonconforming by virtue of being located in a nonindustrial zone shall be subject to the performance standards applicable in the LI Zone. Alterations and repairs as provided in subsection (b)(2) above shall be done in a manner as nearly conforming as possible to the LI Zone performance standards. For industries which are located in an industrial zone and which fail to comply with the performance standards of the zone in which they are located, enlargements, repairs or alterations shall be made in a manner as conforming as possible to the industrial performance standards of the zone in which the industry is located.

(c)

Elimination of nonconforming structure. Any structure, all or substantially all of which is designed or intended for a use not permitted in the zone in which it is located, shall be removed and its use thereafter shall cease, or shall be converted to a structure designed or intended for a use permitted in the zone in which it is located in accordance with the following conditions and amortization schedules.

(1)

In all residential zones any structure, all or substantially all of which is designed or intended for a use permitted only in a commercial or industrial zone, shall be removed, or it shall be altered and converted to a structure designed for a use permitted in the zone in which it is located within six months after the termination of the respective amortization period, as set forth below.

(2)

In all commercial zones any structure, all or substantially all of which is designed or intended for a use permitted only in residential or industrial zones, shall be removed or shall be altered, remodeled or converted to a structure designed for a use permitted in the zone in which it is located within six months after the termination of the respective amortization period, as set forth below.

(3)

In all industrial districts any structure, all or substantially all of which is designed or intended for a use permitted only in residential or industrial zones, shall be removed or shall be altered and converted to a structure designed for a use permitted in the zone in which it is located within six months after the termination of the respective amortization period, as set forth below.

(4)

The following amortization schedules shall apply:

a.

In cases where the actual cash value, as determined by the official county tax assessment and equalization rate, is $15,000.00 or more (on the effective date hereof), the following schedule shall be used in accordance with the types of construction herein specified:

1.

Fire-resistive or mill construction: Forty years from the date of building permit or 20 years from the effective date hereof, whichever last occurs;

2.

Ordinary or noncombustible frame construction: Thirty-five years from the date of the building permit or 18 years from the effective date hereof, whichever last occurs;

3.

Wood frame construction: Thirty years from the date of the building permit or 15 years from the effective date hereof, whichever last occurs.

b.

In cases where the actual cash value, as determined by the official county tax assessment and equalization rate, is $5,000.00 or more (on the effective date hereof), but less than $15,000.00, the schedule shall be 15 years from the date of the building permit, or ten years from the effective date hereof, whichever last occurs.

c.

In cases where the actual cash value, as determined by the official county tax assessment and equalization rate, is less than $5,000.00 (on the effective date hereof), the schedule shall be five years from the date of the building permit or three years from the effective date hereof, whichever last occurs.

(5)

Any sign which is nonconforming, as to type, location, zoning district, size, setback or for any other reason (except those signs that are an adjunct to the use of any of the above nonconforming buildings or structures, in which case they shall be regulated by those same provisions) shall be altered, moved, converted or removed within five years of the effective date hereof, so as to conform in all respects to the regulations of the particular district in which it is located.

(d)

Elimination of nonconforming uses.

(1)

In all residential zones any use of a structure, all or substantially all of which is designed or intended for a use permitted only in a residential zone, but is being used for a use permitted only in a commercial or an industrial zone, shall be terminated within five years of the effective date hereof.

(2)

In all commercial zones any use of a structure, all or substantially all of which is designed or intended for a use permitted only in a commercial zone, but is being used for a use permitted only in a residential or an industrial zone, shall be terminated within ten years of the effective date hereof.

(3)

In all industrial districts any use of a structure, all or substantially all of which is designed or intended for a use permitted only in an industrial district, but is being used for a use permitted only in a residential or a commercial district, shall be terminated within 15 years of the effective date hereof.

(4)

The nonconforming use of land shall be discontinued and cease three years from the effective date hereof in each of the following cases:

a.

Where no structures are employed in connection with such use;

b.

When the only structures or other physical improvements are accessory or incidental to such use.

(5)

A nonconforming use of land which is accessory to the nonconforming use of the structure shall be discontinued on the same date the nonconforming use of the structure is discontinued.

(6)

Improvements underground or substantially at ground level which comprise all, or substantially all, of the improvements employed in a nonconforming use of land shall be deemed a nonconforming structure and shall be subject to the applicable provisions of this section.

(1978 Code, § 5-4-3; Ord. 1969-O-1, passed 1-21-1969)