1282.01 Purpose.
1282.02 Maintenance and repair of buildings, structures and site conditions.
1282.03 Nonconforming use of lot.
1282.04 Nonconforming buildings or structures in nonresidential districts.
1282.05 Nonconforming parking facilities.
1282.06 Nonconforming signs.
1282.07 Nonconforming lots.
1282.08 Nonconforming use due to reclassification.
1282.09 Determination of nonconforming status.
1282.10 Existing use deemed special use; permit required for change.
1282.11 Completion of construction with zoning certificate.
1282.12 Definitions.
(a) The purpose of this chapter is to recognize the existence of uses, buildings, lots and structures that lawfully existed at the time of this Planning and Zoning Code's enactment, or amendment thereto, but which now do not conform with one or more of the regulations contained in this Planning and Zoning Code. Nonconforming status is considered to be incompatible with permitted uses in the zoning district in which it exists. Therefore, nonconforming uses, buildings, lots, and structures are subject to regulations limiting their use, restoration, reconstruction, extension, and substitution. Such nonconforming status shall be continued only in conformance with this chapter.
(a) A nonconforming lot, use, building or structure does not include nonconformity with regulations pursuant to a legally granted variance from a zoning regulation.
(Ord. 58-01. Passed 5-29-01.)
(a) Ordinary repairs, maintenance, remodeling or repair or replacement of non- bearing walls, fixtures, wiring or plumbing may be performed on a nonconforming building, structure or site condition or on any portion of a building, structure or site condition that contains a nonconforming use, provided that the cubic content/area shall not be increased and no structural parts shall be replaced, except when required by law to restore such building, structure or site condition to a safe condition, or to make the building, structure or site condition conform to the regulations of the district in which it is located.
(b) Expansion, alteration, reconstruction, remodeling or improvement involving an increase in the cubic content/area of the nonconforming building, structure or site condition is prohibited unless approved by the Board of Zoning and Building Appeals. Before granting such approval, the Board shall determine that literal enforcement of this section's prohibition will result in practical difficulties for the particular property, the proposed expansion, alteration, reconstruction, remodeling or improvement will not result in greater detriment to the surrounding properties, and then only if the cumulative cost of the expansion, alteration, reconstruction, remodeling or improvement does not exceed 75% of the market value of the building, structure or site condition at the time the application is submitted. If the proposed expansion, alteration, reconstruction, remodeling or improvement is in compliance with all current code provisions, the ZEO shall issue a zoning permit without BZA approval.
(Ord. 58-01. Passed 5-29-01; Ord. 28-05. Passed 3-28-05.)
A nonconforming use may continue so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
(a) Alteration, Remodeling or Expansion of a Building Occupied by a Nonconforming Use. No building or structure containing a nonconforming use shall hereafter be altered, improved or substantially remodeled or expanded unless approved by the Board of Zoning and Building Appeals. Before granting such approval, the Board shall determine that literal enforcement of this section's prohibition will result in an unnecessary hardship to the particular property, the proposed alteration, remodeling or expansion will not result in greater detriment to the surrounding properties, and then only if the cumulative cost of the alteration, reconstruction, improvement or expansion does not exceed 75% of the building s market value, except as noted below. Expansion of any non-residential, non-conforming use in a residential district is strictly prohibited.
(b) Damage or Destruction. No building occupied by a nonconforming use, which has been damaged to the extent of 75% or more of its market value, exclusive of foundations, immediately prior to damage, shall be repaired or reconstructed, except upon approval by the Board of Zoning and Building Appeals in conformity with this Planning and Zoning Code.
(c) Construction of Additional Structures. Expansion of a nonconforming use shall not be permitted without the approval by the Board of Zoning and Building Appeals. Expansion includes the following:
(1) Extending a non-conforming use of an existing building throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment to this Planning and Zoning Code; and
(2) The construction of additional improvement and/or structures in connection with such nonconforming use.
(d) Nonconforming Use of a Lot. A nonconforming use of a lot shall not be physically enlarged, increased, extended or relocated to a part of the lot that was not occupied by the use at the time it became nonconforming, nor beyond the original property limits of the nonconforming use existing at the time of the adoption of this Planning and Zoning Code, without the approval of the Board of Zoning and Building Appeals after determines that literal enforcement of this section's prohibition will result in an unnecessary hardship to the particular property.
(e) Change or Substitution of Use. No nonconforming use may be changed to any other nonconforming use unless the Board finds that the proposed nonconforming use is equally or more appropriate and less intensive and less detrimental to the district than the existing nonconforming use of the property. The Board may specify such appropriate conditions and safeguards as may be required in connection with such change. Whenever a nonconforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive nonconforming use.
(f) Change from Nonconforming to Conforming Use. A nonconforming building or use shall cease to be considered as such whenever it first comes into compliance with the regulations of the district in which it is located. Upon such compliance, no nonconforming use shall be made, resumed or reinstated.
(g) Discontinuance of Use. If a nonconforming use is voluntarily discontinued for six months or more, any future use of such land shall be in conformity with this Planning and Zoning Code and all State laws relating to zoning.
(Ord. 58-01. Passed 5-29-01; Ord. 259-03. Passed 1-12-04.)
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