Within the districts established by this Title, or amendments that may later be adopted, there exist lots, structures, buildings, and uses of land which were lawful before this Title was passed or subsequently amended, but which would be prohibited, regulated, or restricted under the terms of this Title or future amendments.
A. It is the intent of this Chapter to permit these nonconformities to continue until they are removed or abandoned, but not to encourage their survival. 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.
B. 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 on which construction was lawfully begun prior to the effective date hereof or subsequent amendment of this Title and upon which substantial improvements have been made.
C. Any use in existence at the time of adoption of this Title which was not an authorized "nonconforming use" under the previous zoning ordinance shall not be authorized to continue as a nonconforming use pursuant to this Chapter or amendments thereto. (Ord. 5-81, 9-1-1981)
10-9-2: NONCONFORMING USE OF LAND:
No existing nonconforming use shall be enlarged or increased, moved, nor extended to occupy a greater area of land than was occupied at the effective date hereof or subsequent amendment of this Title. If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulation specified by this Title for the district in which such land is located. (Ord. 5-81, 9-1-1981)
10-9-3: NONCONFORMING USE OF STRUCTURES:
No existing structure devoted to a use not permitted by this Title in the district in which it is located shall be enlarged, extended, reconstructed, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. If no structural alterations are made, any nonconforming use of a structure, building and premises may be changed to another nonconforming use of the same or of a more restricted classification. When a nonconforming use of a structure, building or premises (including mobile homes) is discontinued or abandoned for one year, the structure, building and premises shall not thereafter be used except in conformance with the regulations of the district in which it is located. (Ord. 5-81, 9-1-1981)
10-9-4: NONCONFORMING STRUCTURES:
No nonconforming structure may be enlarged, altered or moved around on the lot in a way which increases its nonconformity. However, should such a structure be destroyed by any means to an extent of sixty percent (60%) or more of its replacement cost at time of destruction, it may only be reconstructed to its original dimensions at its original location. (Ord. 5-81, 9-17-1991)
10-9-5: NONCONFORMING MOBILE HOMES:
No nonconforming mobile home may be replaced with another mobile home. (Ord. 5-81, 9-1-1981)
10-9-6: REGISTRATION OF NONCONFORMING USES AND STRUCTURES:
The owner of any use of land or structure in existence at the time of passage of this Title and made nonconforming by the changes made in this Title shall apply for a nonconforming use certificate within twelve (12) months after the effective date hereof. If the landowner has not registered the nonconforming use of a structure within the twelve (12) month period, the Zoning Administrator shall attempt to notify the landowner by certified mail of this requirement to register and allow thirty (30) days to apply from date of receipt of notification. If the landowner receives said notification but fails to register within thirty (30) days, the landowner is in violation of the Zoning Ordinance. If the landowner does not receive said notification within eighteen (18) months of the effective date hereof, such nonconforming use or structure shall be deemed legal and allowed to continue under the terms of this Chapter. (Ord. 5-81, 9-1-1981)
10-9-7: REPAIRS AND MAINTENANCE:
All nonconforming structures may be repaired for normal maintenance. Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition any building declared to be unsafe by any official charged with protecting the public safety, upon order of such official. (Ord. 5-81, 9-1-1981)
West Liberty City Zoning Code
CHAPTER 9
NONCONFORMING USES AND STRUCTURES
10-9-1: GENERAL INTENT:
Within the districts established by this Title, or amendments that may later be adopted, there exist lots, structures, buildings, and uses of land which were lawful before this Title was passed or subsequently amended, but which would be prohibited, regulated, or restricted under the terms of this Title or future amendments.
A. It is the intent of this Chapter to permit these nonconformities to continue until they are removed or abandoned, but not to encourage their survival. 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.
B. 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 on which construction was lawfully begun prior to the effective date hereof or subsequent amendment of this Title and upon which substantial improvements have been made.
C. Any use in existence at the time of adoption of this Title which was not an authorized "nonconforming use" under the previous zoning ordinance shall not be authorized to continue as a nonconforming use pursuant to this Chapter or amendments thereto. (Ord. 5-81, 9-1-1981)
10-9-2: NONCONFORMING USE OF LAND:
No existing nonconforming use shall be enlarged or increased, moved, nor extended to occupy a greater area of land than was occupied at the effective date hereof or subsequent amendment of this Title. If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulation specified by this Title for the district in which such land is located. (Ord. 5-81, 9-1-1981)
10-9-3: NONCONFORMING USE OF STRUCTURES:
No existing structure devoted to a use not permitted by this Title in the district in which it is located shall be enlarged, extended, reconstructed, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. If no structural alterations are made, any nonconforming use of a structure, building and premises may be changed to another nonconforming use of the same or of a more restricted classification. When a nonconforming use of a structure, building or premises (including mobile homes) is discontinued or abandoned for one year, the structure, building and premises shall not thereafter be used except in conformance with the regulations of the district in which it is located. (Ord. 5-81, 9-1-1981)
10-9-4: NONCONFORMING STRUCTURES:
No nonconforming structure may be enlarged, altered or moved around on the lot in a way which increases its nonconformity. However, should such a structure be destroyed by any means to an extent of sixty percent (60%) or more of its replacement cost at time of destruction, it may only be reconstructed to its original dimensions at its original location. (Ord. 5-81, 9-17-1991)
10-9-5: NONCONFORMING MOBILE HOMES:
No nonconforming mobile home may be replaced with another mobile home. (Ord. 5-81, 9-1-1981)
10-9-6: REGISTRATION OF NONCONFORMING USES AND STRUCTURES:
The owner of any use of land or structure in existence at the time of passage of this Title and made nonconforming by the changes made in this Title shall apply for a nonconforming use certificate within twelve (12) months after the effective date hereof. If the landowner has not registered the nonconforming use of a structure within the twelve (12) month period, the Zoning Administrator shall attempt to notify the landowner by certified mail of this requirement to register and allow thirty (30) days to apply from date of receipt of notification. If the landowner receives said notification but fails to register within thirty (30) days, the landowner is in violation of the Zoning Ordinance. If the landowner does not receive said notification within eighteen (18) months of the effective date hereof, such nonconforming use or structure shall be deemed legal and allowed to continue under the terms of this Chapter. (Ord. 5-81, 9-1-1981)
10-9-7: REPAIRS AND MAINTENANCE:
All nonconforming structures may be repaired for normal maintenance. Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition any building declared to be unsafe by any official charged with protecting the public safety, upon order of such official. (Ord. 5-81, 9-1-1981)