(a) 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.
(1) Permitted Use on Nonconforming Lot. A lot of record existing on the effective date of this Planning and Zoning Code may be occupied by a use listed as a permitted principal use in Chapter 1162 for the district in which the lot is located even when the lot does not comply with the minimum requirements set forth in Chapter 1161, provided the use can be conducted in compliance with all other requirements set forth in this Planning and Zoning Code.
(2) Nonconforming Lots. A lot of record that does not comply on the effective date of this Planning and Zoning Code, or any amendment thereto, with the lot area and/or lot width regulations of the district in which the lot is located may be used as follows:
A. Existing Dwelling on a Residential Lot. If the lot is occupied by a dwelling, such dwelling shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area unless the enlarged section(s) complies with all regulations of this Planning and Zoning Code, except for the lot area and lot width regulations of the district in which the lot is located. The number of dwelling units shall not be increased unless all regulations, including lot area, are complied with.
B. Single Nonconforming Lot of Record in a Residential District. A nonconforming lot in a Residential District that is in separate ownership and not of continuous frontage with other lots in the same ownership shall be permitted to be developed as a site for a single-family dwelling provided that the dwelling and its accessory uses comply with all regulations of this Planning and Zoning Code, except for the lot area and lot width regulations of the district in which the lot is located.
C. Lots in Combination. If a vacant nonconforming lot adjoins one or more lots in common ownership on the effective date of this Planning and Zoning Code, or applicable amendment thereto, such lots shall be replatted to create conforming lots as a prerequisite for development.
D. Lots Under Separate Ownership. A nonconforming lot of record that is owned separately from adjoining lots on the effective date of this Code, or as amended, which affected its conformity shall not be reduced in any manner that would increase its nonconforming situation.
(3) Nonconforming Use of Buildings and Land. 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 or Reconstruction of a Building Occupied by a Nonconforming Use. No building or structure occupied by a nonconforming use shall be altered, improved, or reconstructed except when the use is changed to a use permitted in the district in which it is located or upon prior approval of the Planning Commission, and then only if the cumulative cost of the alteration, reconstruction, or improvement does not exceed fifty percent (50%) of the building's replacement value. However, no such building shall be enlarged or expanded to increase the nonconforming use.
B. Expansion or Relocation of Nonconforming Use of Land. A nonconforming use of land 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. No additional structures shall be constructed in connection with such nonconforming use.
C. Expansion or Relocation of Nonconforming Use of Structures. A nonconforming use of an existing structure may be extended 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. However, no such use shall be extended to occupy any land outside such building not previously occupied by such nonconforming use.
D. Change or Substitution of Use. A nonconforming use of a building, structure or land shall not be changed or substituted to another nonconforming use unless the Planning Commission, on appeal, finds that the use proposed is equally appropriate or more appropriate to the district than the existing nonconforming use, and that the use proposed is in less conflict with the character of uses permitted in the applicable zoning district than the existing nonconforming use. In permitting such change, the Planning Commission may require appropriate conditions and safeguards in accordance with other provisions of this Planning and Zoning Code. Whenever a nonconforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive nonconforming use.
E. Discontinuance of Use. Discontinuance of the nonconforming use of a building, part of a building, lot or part of a lot for a period of twelve (12) consecutive months or longer shall constitute voluntary abandonment of such use and thereafter any use of the premises shall conform to the use regulations of the district in which the building or lot is located.
F. Damage or Destruction. In the event a building or structure that is occupied by a nonconforming use is destroyed by any means to the extent of more than fifty percent (50%) of its replacement value, it shall not be rebuilt, restored or reoccupied for any use unless such use conforms to the use regulations of the district in which the building or structure is located.
(4) Nonconforming Buildings or Structures. A nonconforming building or structure may continue to be used or occupied by a use permitted in the district in which it is located so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
A. Additions and Moving. A nonconforming building or structure shall not be added to, enlarged or moved unless the addition(s) or part(s) moved is made to conform to the regulations of the district in which it is located.
B. Restoration of Damaged Building or Structure. If a nonconforming building or structure is damaged or destroyed by any means, those portions so destroyed or damaged may be restored to the original footprint and floor area of the building or structure, provided the reconstruction is begun within twelve (12) months of the damage or destruction and the cumulative replacement costs do not exceed fifty percent (50%) of the replacement cost of the building or structure at the time of such damage. Any restoration that exceeds the original footprint and/or floor area shall comply with subsection 1184.02(a)(4).
C. Change in Principal Use of Building. The principal use of a nonconforming building may be changed to any other use permitted in the district in which it is located so long as the new use complies with all regulations of this Planning and Zoning Code specified for such use, except the regulations to which the building did not conform prior to the change in use.
(5) Nonconforming Parking Facilities. A building or use existing lawfully at the time of this Planning and Zoning Code, or an amendment thereto, became or becomes effective, but which does not comply with the off-street parking regulations for the use may continue without such parking facilities. In the event an existing building is altered or a use is changed or substituted in accordance with these regulations, then additional off-street parking spaces shall be provided in compliance with Section 1184.02(a)(8).
(6) Nonconforming Signs. A sign, lawfully existing at the time this Planning and Zoning Code, or any amendment thereto, became or becomes effective, but which fails to conform to the sign regulations of the district in which it is located is a nonconforming sign. Nonconforming signs shall comply with the regulations set forth in Chapter 1173.
(7) Maintenance and Repair of Structures. Ordinary repairs, or repair or replacement of non-bearing walls, fixtures, wiring, or plumbing may be performed on a nonconforming structure or on any portion of a structure that contains a nonconforming use provided that the cubic content shall not be increased and no structural parts shall be replaced except when required by law to restore such building or structure to a safe condition or to make the building or structure conform to the regulations of the district in which it is located.
(8) Existing Nonconforming Site Condition at the Time of Development Plan Review. If a nonconforming site condition(s) exists when a revised development plan is required pursuant to Section 1181.02, then such site condition(s) must be brought into compliance with district regulations, unless the Planning Commission determines that such conformance cannot be reasonably achieved because of existing site conditions. In such case, the Planning Commission shall approve a development plan that reduces the existing nonconforming site condition(s) to the maximum extent practicable.
(b) Nonconforming Use Due to Reclassification. The provisions of this Section shall also apply to any building, structure, land or other use hereafter becoming nonconforming as a result of amendments made to this Planning and Zoning Code or Zoning Map.
(c) A nonconforming lot, use, building or structure does not include nonconformity with regulations pursuant to a legally granted variance from a zoning regulation.
(d) Change from Nonconforming 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.
(e) Existing Use Deemed Conditional Use; Permit Required for Change. Any lawfully existing use that, at the time of its establishment, was not classified as a conditional use, but which now, because of the passage of this Planning and Zoning Code, or amendment thereto, is listed as a conditional use in the district in which it is located, shall be deemed without further action to be a conditional use. Any change, modification, enlargement or alteration of such use, site development conditions or signs, or change in ownership shall only be permitted upon review and approval by the Planning Commission according to the procedures for conditional uses set forth in Chapter 1182, Conditional Use Certificate.
(Ord. 62-2023. Passed 1-16-24.)