(A) General provisions.
(1) Purpose.
(a) This section regulates and limits the continued existence of uses, structures, lots and signs that were lawfully established prior to the effective date of this article but do not conform to the regulations set forth in this article.
(b) The zoning districts established in this article are designed to guide the future use of land within the city by encouraging the development and maintenance of desirable residential, commercial, industrial and public uses in specific locations throughout the city. The continued existence of nonconformities is inconsistent with the purposes for which the zoning districts are established and the gradual elimination of nonconformities is generally desirable.
(2) Continuation of nonconformities.
(a) Legal nonconformities shall be allowed to continue as long as they remain otherwise lawful, subject to the provisions of this section. Nonconformities that were not lawfully in existence on the effective date of this article shall be prohibited.
(b) Nothing contained in this section shall be construed to permit a violation of any provision of the Columbia Heights City Code or the continuation of any unsafe or unsanitary condition.
(3) Change of ownership. A change in tenancy, management or ownership of a nonconformity shall be allowed, provided there is no change in the nature or character of the nonconformity, except as otherwise provided by this section.
(B) Nonconforming uses.
(1) Nonconformity established. Any use of land that is not identified as a permitted, provisional or conditional use within the zoning district in which the properly is located shall be deemed a nonconforming use of land.
(2) Right to continue. A legal nonconforming use of land may be continued as it existed on the effective date of this article, except as provided for herein.
(3) Expansion prohibited. A nonconforming use of land shall not be enlarged, increased, expanded or changed in any manner or dimension except to comply with the provisions of this article.
(4) Intensification prohibited. A nonconforming use of land shall not be intensified in character or operation, including, but not limited to, increased hours of operation and the expansion of the use to a portion of the property not previously used.
(5) Repair and maintenance. Minor repairs and routine maintenance of a structure containing or related to a nonconforming use of land that are necessary to keep the structure in a sound and safe condition are permitted.
(6) Discontinuation of use. A nonconforming use of land that has been discontinued for a period of six months shall not be re-established.
(7) Change of use. A nonconforming use of land that has been changed to a conforming use shall not thereafter be changed back to any nonconforming use. A change in the use of land from one nonconforming use to another nonconforming use is prohibited.
(8) Reduction of nonconformity. A nonconforming use that is reduced in size, intensity or otherwise becomes more conforming may not again be expanded or become less conforming. Removal of a structure, relocation of the use, and reduction or elimination of any site element (such as outdoor storage) is deemed a reduction in intensity.
(9) Damaged or destroyed. A structure containing or relating to a nonconforming use of land that is damaged or destroyed by fire or natural causes, to the extent that the cost of repair is more than 50% of the assessed value, shall not be restored unless to a conforming use. However, any principal residential structure located in a LB (Limited Business District) which falls within the “Town Square Concept” (adopted August, 2000) of the Columbia Heights Downtown Master Plan, and is damaged or destroyed by fire or natural causes over 50% of the assessed value, the dwelling may be reconstructed in the same footprint as the original structure, but may not be expanded in size.
(10) Uses in Floodway District. Nonconforming uses located in the Floodway District shall be eliminated or brought into conformity with the standards contained in this article within a reasonable period of time as determined by the City Council, after a hearing for each such nonconforming use. The Board shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In addition, the monetary value of any competitive advantage derived by the operation of such nonconforming use, by reason of the limitation on establishment of competing businesses as a result of this article, shall be considered as a reduction of losses resulting from the requirement of termination of the use under this article.
(C) Nonconforming structures.
(1) Nonconformity established. Any building or structure that does not conform to the setback, dimensional or density standards of the zoning district in which the property is located shall be deemed a nonconforming structure.
(2) Right to continue. A legal nonconforming structure may be continued as it existed on the effective date of this article, except as provided for herein.
(3) Expansion prohibited. A nonconforming accessory building shall not be enlarged, altered or expanded in any manner or dimension. A nonconforming principal structure shall not be enlarged, altered or expanded in any manner or dimension, unless the alteration or expansion: 1) does not increase the degree of nonconformity; 2) does not further infringe upon established setbacks or building restrictions; 3) does not exceed 50% of the assessed value of the structure over the life of the structure at the time it became nonconforming; and 4) would substantially reduce potential flood damages for the entire structure.
(4) Repair and maintenance. Minor repairs and routine maintenance necessary to keep a nonconforming structure in a sound and safe condition are permitted.
(5) Damaged or destroyed. A nonconforming structure that is damaged or destroyed by fire or natural causes, to the extent that the cost of repair is more than 50% of the assessed value, shall not be restored unless it is brought into conformance. However, any principal residential structure located in a LB (Limited Business District), which falls within the “Town Square Concept” (adopted August, 2000) of the Columbia Heights Downtown Master Plan, and is damaged or destroyed by fire or natural causes over 50% of the assessed value, the dwelling may be reconstructed in the same footprint as the original structure, but may not be expanded in size.
(6) Increased livability. Alterations may be made to a building containing nonconforming residential units when the alteration will improve the livability thereof, provided it will not increase the number of dwelling units nor the outside dimensions of the building.
(D) Nonconforming lots.
(1) Nonconformity established. A lot of record that does not: conform to the width, depth, lot area or frontage requirements of the zoning district in which the property is located is deemed a nonconforming lot.
(2) Combination of lots required. If two or more nonconforming lots are contiguous and under common ownership on the effective date of this article, such lots shall be combined for the purposes of development in order to satisfy the requirements of this article.
(3) Lot developable. A nonconforming lot that can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller that the minimum required in the applicable zoning district, can be used as proposed just as if it were conforming.
(4) Variance required. Development of a nonconforming lot that will be conforming with all applicable regulations, except for applicable setback requirements, shall require a variance in accordance with the provisions found in § 9.104.
(E) Nonconforming signs.
(1) Nonconformity established. A sign that was installed prior to July 13, 1981, and does not conform to the requirements of § 9.106 is deemed a nonconforming sign.
(2) Right to continue. A legal nonconforming sign may be continued as it existed on the effective date of this article, except as provided for herein.
(3) Expansion prohibited. A nonconforming sign shall not be enlarged, reconstructed or altered in any manner or dimension except to comply with the provisions of this article.
(4) Repair and maintenance. Minor repairs and routine maintenance of a nonconforming sign that are necessary to keep the structure in a sound and safe condition are permitted. If the nonconforming sign requires significant repairs or replacement, the Zoning Administrator may require its removal.
(5) Discontinuation of use. A nonconforming sign that has not been used for a period of six months shall be removed from the property.
(6) Damaged or destroyed. A nonconforming sign that is damaged or destroyed by any cause or means, to the extent that the cost of repair is more than 50%, of the assessed market value, shall not be restored unless to a conforming sign.
(Ord. 1428, passed 5-29-01)