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(A) The lawful use of any dwelling, building, or structure on any lot or premises existing and lawful at the time of the enactment of this chapter, supplement, or amendment may continue although such use does not conform with the provisions of this chapter or any supplement or amendment made after the enactment of this chapter. A nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification, provided that any structural improvements to the building do not exceed 50% of the fair market value of the structure. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not be changed thereafter to a less restricted use.
(B) In the event that a nonconforming use of any dwelling, building, or structure and of any lot or premises is voluntarily discontinued for a period of two years or more, any future use of the lot, building, or structure shall be in conformity with the provisions of this chapter.
(C) Without prior approval, a nonconforming use may be extended throughout that portion of a structure that was obviously designed and intended for such use.
(D) When a nonconforming building or structure has been damaged by explosion, fire, act of God, or the public enemy to the extent of more than 75% of its fair market value, it shall not be restored or reconstructed except in conformity with regulations of the zoning district in which the building or structure is located.
(E) When a nonconforming use qualifies for reconstruction through damage (less than 75% of its fair market value), a building permit shall be secured for that purpose and reconstruction shall be diligently completed without delay. Failure to reconstruct within a year of damage revokes the right to the nonconforming use and the premises shall conform thereafter to the established district regulations.
(F) A use in violation of the provisions of the Zoning Ordinance which this chapter amends or of a zoning ordinance covering an area of a city or township subsequently annexed to the city shall not be validated by the adoption of this chapter.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
If any structure was built prior to the adoption of this chapter and is considered to have nonconforming setbacks, additions to, or enlargements of an existing structure which presently encroach upon required side or rear yards may be permitted if the proposed addition or enlargement follows the existing structure setbacks and the addition or enlargement will not exceed any other lot lines.
(Ord. 37-02, passed 7-10-02)
(A) In a district in which single- family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district. Variances of requirements other than lot area or lot width shall be obtained only through action of the Planning and Zoning Commission.
(B) If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this chapter.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
OFF-STREET PARKING AND LOADING REQUIREMENTS
Except for the CBD Central Business District, no building or structure shall, after the effective date hereof, be erected, structurally altered, or its use changed unless permanently maintained off-street parking and loading spaces have been provided in accordance with the provisions of this subchapter
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
All off-street parking facilities including entrances, exits, maneuvering areas, and parking spaces shall be in accordance with the standards and specifications set forth in this subchapter.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
(A) All new or altered parking lots shall conform to the parking space stall width, length, and aisle width, as set out in Table 1 below. Parking for handicapped spaces shall be provided in accordance with the American Disabilities Act of 1990, and any other applicable building codes. Exceptions are set forth in § 155.2104.
(B) Handicapped accessible parking spaces shall be at least 8 feet in width with a 5-foot passenger loading zone. Parking access aisles shall be part of an accessible route to the building or facility entrance. Two accessible parking spaces may share a common access aisle. Parked vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions.
TABLE 1 (Also see Figure 2)
Dimensions | 45° Angle | 60° Angle | 75° Angle | 90° Angle |
Dimensions | 45° Angle | 60° Angle | 75° Angle | 90° Angle |
Stall depth to wall | 17 feet | 18.5 feet | 19 feet | 18 feet |
Stall depth parallel to vehicle | 18 feet | 18 feet | 18 feet | 18 feet |
Aisle width | 12 feet | 18 feet | 22 feet | 25 feet |
Stall depth to interlock | 15 feet | 17 feet | 18 feet | 18 feet |
Stall depth reduction due to interlock | 2 feet | 1.5 feet | 1 foot | 0 feet |
Stall width parallel to Aisle 1 | 12.7 feet | 10.4 feet | 9.3 feet | 9 feet |
Stall width perpendicular to vehicle | 9 feet | 9 feet | 9 feet | 9 feet |
Module width wall to wall | 45 feet | 54 feet | 60 feet | 61 feet |
Module width interlock to interlock | 42 feet | 51 feet | 52 feet | 51 feet |
Figure 2
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
(A) For bumper overhang deduct 1½ feet from stall depth to wall or three feet from wall to wall for 45-degree and 60-degree parking. The equivalent dimensions for 75-degree and 90-degree parking are two feet and four feet respectively.
(B) Where natural and/or man-made obstacles, obstructions, or other features such as, but not limited to landscaping, support columns, or grade difference exist, the city may approve a reduction in stall width, stall length, and/or module width as part of the site plan review process. In all instances where a reduction is requested, attention to emergency vehicle access shall be considered and incorporated into the parking lot design.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
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