(A) General. The zoning regulations set forth by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.
(B) Zoning affects every building and use. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered, except in conformity with all of the zoning regulations herein specified for the district in which it is located. Permitted special uses are allowed only by a special permit granted by the City Council upon finding that the specified conditions exist.
(C) Yard and lot reduction prohibited. No yard or lot existing at the time of passage of this chapter shall be reduced by private action in dimension or area below the minimum requirements set herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter, except as provided by division (D) below.
(D) Combination of lots and portion of lots. If a lot or portion of a lot, or two or more lots, or combinations of lots and portions of lots, with continuous frontage in single ownership, are of record at the time of passage of this chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the following rules shall apply.
(1) Eighty percent rule applicable in all cases concerning three lots or less. Where the lot, portion of lot, or combination consists of sufficient width and area to provide at least 80% of the width and area generally required for three lots or less in the district, the land may be divided for use into three lots or less, each of which shall have at least 80% of the lot width and area generally required in the district.
(2) Rule for other multiple lots not covered by division (D)(1). Where the lot, portion of lot, or combination consists of greater width or area than generally required for creation of three lots, the land shall be divided for use into lots all of which conform to the lot width and area generally required in the district, provided however, that in the division one remaining lot may be created having not less than 80% of the lot width and area generally required in the district or that reduction equivalent in total to the reduction on a remaining lot may be distributed between the divisions created.
(E) Minimum requirements. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Whenever the provisions of this chapter require a greater width or size of yards, courts or other spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other chapter, the provisions of this chapter shall govern. Wherever the provisions of any other chapter require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the provisions of this chapter, the provisions of the chapter shall govern.
(F) Nonconformities; intent. Nonconformities are of three types: nonconforming lots of record, nonconforming structures and nonconforming uses. Any lawful use of land or structure existing at the time of enactment or subsequent amendment of this chapter, but not in conformity with its provisions, may be continued subject to the following conditions:
(1) Nonconforming lots of record. The Zoning Administrator may issue a permit for any nonconforming lot of record provided that:
(a) Said lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited; and
(b) Said lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the zoning regulation; and
(c) Said lot can meet all required yard regulations for the district in which it is located.
(2) Nonconforming structures.
(a) Authority to continue. Any structure, which is devoted to a use, which is permitted in the zoning district in which it is located, but which is located on a lot, which does not comply with the use regulations, and/or the applicable yard and height regulations may be continued, so long as it remains otherwise lawful.
(b) Enlargement, repair, alterations. Any nonconforming structure may be enlarged, maintained, repaired, remodeled, or rebuilt; provided, however, that no such enlargement, maintenance, repair or remodeling shall not create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure, unless the property owner receives a special use permit in accordance with the zoning district in which it is located, see § 152.076(E).
(c) Damage or destruction. In the event any nonconforming structure, with the exception of a residential dwelling, is damaged or destroyed, by any means, to the extent of more than 75% of its assessed fair market value, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located. When a non-residential structure is damaged to the extent of 75% or less of its assessed fair market value, no repairs or restoration shall be made unless a building permit is obtained within six months, and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.
(d) Moving. No nonconforming structure shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.
(3) Nonconforming uses.
(a) Authority to continue. Any lawfully existing nonconforming use of part or all of a structure or any lawfully existing nonconforming use of land, not involving a structure or only involving a structure which is accessory to such use or land, may be continued, so long as otherwise lawful.
(b) Ordinary repair and maintenance.
1. Normal maintenance and incidental repair, or replacement, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, water and/or waste disposal systems, may be performed on any structure or system that is devoted in whole or in part to a nonconforming use.
2. Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official in charge of protecting the public safety who declares such structure to be unsafe and orders its restoration to a safe condition.
(c) Extension. A nonconforming use shall not be extended, enlarged, or increased in intensity. Such prohibited activities shall include, without being limited to the extension of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of these regulations (or on the effective date of subsequent amendments hereto that cause such use to become nonconforming).
(d) Enlargement. No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.
(e) Damage or destruction. In the event that a nonconforming building or use, excluding residential buildings, is damaged to the extent of more than 75% of its reasonable replacement value, the property shall conform to the zone in which it is located.
(f) Moving. No structure that is devoted in whole or in part to a nonconforming use and nonconforming use of land shall be moved in whole or in part for any distance whatever, to any location on the same or any other lot, unless the entire structure and the use thereof or the use of land shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
(g) Change in use. If no external structural alterations are made which will expand the area or change the dimensions of the existing structure, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the governing body after receiving a recommendation from the Planning Commission, by making findings in the specific case, shall find that the proposed use is more appropriate to the district than the existing nonconforming use. More appropriate shall mean creating less traffic, noise, glare, odor or other characteristics of the proposed use. In permitting such change, the governing body may require appropriate conditions and safeguards to protect surrounding areas and properties. Once such use has changed, it may no longer be returned to the original use or any other less appropriate use.
(h) Abandonment or discontinuance. When a nonconforming use is discontinued or abandoned, for a period of 12 consecutive months, such use shall not thereafter be re-established or resumed, and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.
(i) Nonconforming accessory uses. No use, which is accessory to a principal nonconforming use, shall continue after such principal use shall cease or terminate.
(Ord. 905, passed 1-20-2015)