The requirements imposed by this ordinance are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various districts. Lots, structures and uses of land or structures that do not conform to the requirements of the district in which they are located impede appropriate development. The regulations of this section are intended to alleviate such existing/potential problems by encouraging the gradual elimination of nonconformities.

Any vacant lot that does not conform to one (1) or more of the lot size (area, dimensions) requirements of the district in which it is located, may be used in the manner indicated in this ordinance if such vacant lot:

(A)

Is lot of record on the date of the adoption or amendment of this ordinance; and

(B)

Has continuously remained in separate ownership from abutting tracts of land throughout the entire period during which the creation of such lot was prohibited by any applicable zoning or other ordinance; and

(C)

Is at least fifty (50) feet wide.

In any residential district, one (1) single-family dwelling and related accessory structures, but no other use, may be erected on any vacant nonconforming lot of the type described above provided all other bulk and yard regulations of the particular district are observed.

In the manufacturing district and in any business district, any structure permitted in the particular district may be erected on any vacant nonconforming lot of the type described above if all other bulk and yard requirements of that district are met.

If two (2) or more lots or combinations of lots and portions of lots with continuous frontage were and in common ownership on the effective date of this ordinance, and if one (1) or more of those lots does not meet the minimum lot width, depth and area requirements of the district in which it is located, the land involved shall be considered an undivided parcel. No portion of any such parcel shall be developed except in compliance with this ordinance, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this ordinance.

Any lawful structure which exists on the effective date of this ordinance but which could not be erected under the terms of this ordinance because of restrictions on lot size, height, setbacks or other characteristics of the structure or its location on the lot may lawfully remain, subject to the following provisions:

(A)

Enlargement, alterations. No such structure shall be enlarged or altered in any way which increases its nonconformity, except for existing residential driveways that are to be repaired or replaced at or less than the same dimensions and areas that they currently exist.

(B)

Relocation. No such structure shall be relocated unless, after relocation, it will conform to all the regulations of the district in which it is located.

(C)

Reconstruction. No such structure which is destroyed or damaged by any means shall be reconstructed if the administrator determines that the cost of such reconstruction exceeds fifty (50) percent of the structure's market value at the time of loss, unless after reconstruction the structure will conform to all applicable regulations of the district in which it is located, except for existing residential driveways that are to be repaired or replaced at or less than the same dimensions and areas that they currently exist. In the event the administrator determines the estimated cost of reconstruction is less than fifty (50) percent of the structure's market value at the time of loss, repairs or reconstruction shall be permitted, provided such work starts within six (6) months from the date the damage occurred and is diligently prosecuted to completion.

The administrator may require that the reconstruction cost estimate be made by a bona-fide construction contractor and that the structure's market value at the time of loss be determined by a licensed real estate appraiser. The owner of the damaged structure shall be responsible for obtaining these estimates for the administrator.

(Ord. No. 09-O-0042, §§ 1, 2, 7-20-2009)

If any lawful use occupying a structure exists on the effective date of this ordinance but would not be allowed under the terms of this ordinance, such use may lawfully continue, subject to the following provisions:

(A)

Maintenance. Any structure housing a nonconforming use may be maintained through ordinary repairs.

(B)

Enlargement, alteration, reconstruction, relocation. No structure housing a nonconforming use shall be enlarged, structurally altered, reconstructed or relocated unless the use of the structure is changed to a permitted use.

(C)

Extension of use. No nonconforming use may be extended to any part(s) of the structure not intended or designed for such use, nor shall the nonconforming use be extended to occupy any land outside such structure.

(D)

Yard and bulk. A building which is nonconforming with respect to yards, floor area ratio or any other element of bulk regulated by this code shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located.

(E)

Change of use. A nonconforming use occupying a structure shall not be changed except to a use permitted under the applicable district regulations.

(F)

Discontinuance of use. When a nonconforming use of a structure, or of a structure and premises in combination, is discontinued for twelve (12) consecutive months or for eighteen (18) months during any three-year period, the nonconforming use shall not thereafter be resumed.

Any lawful use of land existing on the effective date of this ordinance that would not be permitted under the terms of this ordinance may lawfully continue, subject to the following provisions:

(A)

Intensification or extension of use. A nonconforming use of land shall not be intensified or extended to occupy a greater area of land than was occupied by such use on the effective date of this ordinance.

(B)

Relocation. No nonconforming use of land shall be moved, in whole or in part, unless such use upon relocation will conform to all pertinent regulations of the district in which it is proposed to be located.

(C)

Change of use. A nonconforming use of land shall not be changed except to a use that is permitted under the applicable district regulations.

(D)

Discontinuance. When a nonconforming use of land is discontinued for a period of twelve (12) consecutive months, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations.

(A)

A nonconforming use of land that has been discontinued on a property for a period of twelve (12) consecutive months or longer may resume in the same manner as it had before the discontinuation occurred only if approved to do so by the zoning administrator. The zoning administrator may approve the resumption of the nonconforming use only if each of the following criteria, in the opinion of the zoning administrator, have been satisfied:

(1)

The property owner, within thirty-six (36) months of the date of discontinuation, has notified the zoning administrator in writing of the intent to resume the nonconforming use.

(2)

The nonconforming use was in operation for a minimum of ten (10) years prior to its discontinuation.

(3)

The resumed use shall not be intensified nor extended to occupy a greater area of land than was previously occupied by the nonconforming use on the date it was discontinued.

(4)

The traffic, hours of operation, noise, and other operating characteristics of the resumed use will result in no greater adverse impact on the neighborhood than that of the nonconforming use prior to its discontinuation.

(5)

No modifications or improvements shall be made to the property that will increase the degree of nonconformity of the resumed use.

(6)

Rezoning the subject property could result in an inappropriate spot zoning.

(7)

The resumed use will not injure the value or usability of adjoining or abutting property.

(8)

The nonconforming use shall be resumed within twelve (12) months following the date of approval by the zoning administrator. Failure to resume the nonconforming use within this time period shall require the land to conform to the applicable district regulations and no subsequent resumption may be considered for the nonconforming use. The zoning administrator, however, shall have the discretion to extend this deadline.

(B)

Any appeal of a decision by the zoning administrator shall be in accordance with Section 5.3-1 of this Code.

(Ord. No. 20-O-0024, § 1, 11-16-2020)

Editor's note— Ord. No. 20-O-0024, § 1, adopted November 16, 2020, repealed § 8.9 and enacted a new § 8.9 as set out above and later amended. Former § 8.9 pertained to the elimination of nonconforming buildings, structures and uses and derived from Ord. No. 2733, adopted April 4, 1994.