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(1) Purpose. In the provisions established by this Code, there exist uses of land, structures, lots of record, towers and signs that were lawfully established before this Code was adopted or amended, that now do not conform to its terms and requirements. The purpose and intent of this section is to regulate the continued existence of those uses, structures and lots of record that do not conform to the provisions of this Code, or any amendments thereto.
(2) General provisions.
(A) Authority to continue. The lawful use of any dwelling or structure and of any land or premises existing and lawful at the time of the enactment of this Code, or any amendment thereto, may continue, although such use does not conform to the provisions of this Code or amendment thereto. Nevertheless, while it is the intent of this Code that such nonconformities be allowed to continue until removed, they should not be encouraged to survive. Therefore, no nonconformity may be moved, extended, altered, expanded or used as grounds for any other use or structure prohibited elsewhere in the district without the approval of the BZA, except as otherwise specifically provided for in this Code.
(B) Conditional uses. Any use which is permitted as a conditional use in a district under the terms of this Code shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use; provided the use meets all approval criteria and conditions established by the PZC for the conditional use.
(C) Accessory uses. A nonconforming use that is accessory to a principal use shall not make the principal use nonconforming.
(D) Determination of nonconformity status. The burden of establishing that a nonconformity lawfully exists shall be on the owner of the land on which the purported nonconformity is located.
(E) Exception due to variance. The requirements of this section shall not apply to a development standard or feature that is the subject of an approved variance. Where a variance has been granted for a development standard or feature that does not otherwise conform to the requirements of this Code, that development standard or feature shall be deemed conforming.
(F) Minor repairs and normal maintenance. Minor repairs and normal maintenance that are required to keep nonconforming uses, structures and lots of record in a safe condition are permitted; provided the minor repair or maintenance does not extend, expand or enlarge the nonconforming use, structure or lot of record. For the purposes of this section, MINOR REPAIR or NORMAL MAINTENANCE shall mean the following.
1.) Maintenance of safe condition. Repairs necessary to maintain a nonconforming use, structure and lot of record in a safe condition.
2.) Correction of damage or deterioration. Repairs necessary to correct any damage or deterioration to the structural soundness or interior appearance of a structure without altering the structure.
3.) Maintenance of land for safety. Maintenance of land areas to protect against health hazards and to promote the safety of surrounding uses.
(G) Change of tenancy or ownership. Changes of tenancy or ownership of an existing nonconformity are permitted but shall continue to be subject to the requirements of this section.
(3) Substitution of nonconforming uses. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted classification, as determined by the BZA. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(4) Continuation of nonconforming uses. Where, at the time of adoption of this Code, lawful uses of land exist which would not be permitted by the regulations imposed by this Code, the uses may be continued so long as they remain otherwise lawful, provided the following.
(A) Any structure existing on or before the effective date of this Code which does not conform to the provisions of this Code for the district in which it is located, and which has been or may hereafter be damaged by fire or other causes to the extent of less than 60% of its replacement value at the time of destruction or damage, may be restored or reconstructed; provided that such structure, when completed, will not differ in location or size from the previously existing structure. However, when the damage or destruction to said structure is to the extent of 60% or more of its replacement value at the time of destruction or damage, it shall not be restored except in conformity with the regulations of the district in which the structure is situated.
(B) In the event that a nonconforming use of any dwelling, building or structure, or of any land or premises, is voluntarily discontinued for a period of six months or more, any future use of said dwelling, building, structure, land or premises shall be in conformity with the provisions of this Code.
(C) Any partially completed building, the actual construction of which has commenced on or before the effective date of this Code, which building or its intended use, when completed, would not conform to the provisions of this Code for the district in which it is located, may be completed and used as a nonconforming use only for the purpose for which it was originally designed; provided that the building is completed and/or put to use within two years after the adoption of this Code.
(D) Any dwelling existing in a residential district at the time such district becomes a business or industrial district, shall have the same right that it had before the zone change without having to apply to the BZA, until it ceases to be used as a dwelling.
(5) Continuation of nonconforming sexually oriented business uses. Any sexually oriented business lawfully operating on the effective date of this Code that is in violation of this Code shall be deemed a nonconforming use. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a church, public or private elementary or secondary school, public park, or library within 1,000 feet, or a residential district within 500 feet, of the sexually oriented business. When a nonconforming sexually oriented business use of a structure or premises is voluntarily discontinued or abandoned for more than six months, the structure, building or premises shall not thereafter be used, except in conformity with the requirements of the zoning district in which it is located.
(6) Nonconformity due to site conditions. Where a dwelling is nonconforming only because the front yard setback does not meet the requirements of this Code, the Zoning Division shall issue a zoning permit for the extension, enlargement or alteration of said dwelling without requiring an appeal to the BZA; provided that no other requirement of this Code is violated and that the extent of the nonconformity is not increased.
(7) Variance of the provisions of this chapter.
(A) Any dwelling, building or other structure, or any land or premises, the use of which does not conform to the provisions of this Code or any amendment thereto, for the district in which it is located, may not be extended, enlarged or altered for the purpose of any nonconforming use as carried on in such structure or on such land.
(B) The property owner or applicant may apply for a variance with the BZA to allow for the extension, enlargement or alteration of a nonconforming use if, in the BZA’s opinion, such variance will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of this Code will result in unnecessary hardship and so that the spirit of this Code shall be observed and substantial justice done.
(8) Modifications for lots of record. Any lot of record or lot for which a land contract has been issued, or any parcel within an unrecorded allotment of which at least one-half of the lots are of record or have been sold on land contract before the effective date of this Code, shall be subject to all of the requirements of this Code, except that:
(Prior Code, § 1226.05) (Ord. 2009-21, passed 10-27-2009)
SITE DEVELOPMENT STANDARDS
(1) Distance measurements. Unless otherwise expressly stated, distances specified in this Code are to be measured as the length of an imaginary straight line joining those points.
(2) Lot area measurements.
(A) Lot area measurements. The area of a lot includes the total area within the lot lines of a lot, excluding any street right-of-way or other legal public dedication. For nonconforming lots, see § 157.089.
(B) Reductions in lot area prohibited. No lot shall be reduced in area so that lot area per dwelling unit, lot width, yards, building area or other requirements of this Code are not maintained.
(3) Lot width measurements. Lot width is the horizontal distance between the side lot lines measured at the required front setback or at the building line for any irregularly shaped lot.
(4) Setbacks and yards.
(A) Measurements. Setbacks refer to the unobstructed, unoccupied open area between the foundation of the structure to the nearest lot line on which the structure is located. Any projection of the structure that extends more than two feet from the foundation shall meet the minimum setback requirements.
(B) Yards required for buildings. A yard or other open space required about a building shall not be included as part of a yard or other open space for another building.
(C) Front yard setback.
1.) Measurement. The front yard setback shall extend the full width of the lot and shall be measured from the street right-of-way line to the structure.
2.) Double frontage lot. A double frontage lot shall provide a front yard setback on both streets. The remaining yards shall meet the side yard setback requirements.
3.) Corner lot. A corner lot shall provide a front yard setback on all streets. The remaining yards shall meet the side yard setback requirements.
4.) Cul-de-sac or curved street lot. For a cul-de-sac lot or a lot abutting a curved street, the front yard setback shall follow the curve of the front property line.
(D) Architectural projections. Open structures, such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections, shall be considered parts of the building to which such open structures are attached and shall not project into the required minimum front, side or rear yards.
(5) Height measurements and requirements.
(A) Height measurement.
1.) Building height shall be measured at the finished grade at front of building for any elevation fronting on a public street, including attics, half-stories, mezzanines and at-grade structured parking, but excluding features that are completely below grade, such as basements, cellars, crawl spaces, subbasements and underground parking structures.
2.) Where specified in feet, building height shall be measured as follows:
a.) To the tallest point of the roof for flat roofs;
b.) To the deck line of mansard roofs; and
c.) To one-half the distance between the eaves and ridge for gable, hip, and gambrel roofs.
(B) Height limit exceptions. Height limits shall not apply to belfries, chimneys, church roof structures not intended for human occupancy, church spires, clock towers, cupolas, domes, flagpoles, monuments, water towers, or similar structures or appurtenances; provided, however, the following:
1.) The appurtenance does not interfere with Federal Aviation Regulations, being 14 C.F.R. Part 77, Objects Affecting Navigable Airspace;
2.) The appurtenance does not extend more than 15 feet above the maximum permitted building height, except as allowed in this Code;
3.) The appurtenance is not constructed for the purpose of providing additional floor area in the building;
5.) Alternative energy systems; provided they meet requirements of the applicable code regulating their use.
(C) Additional height allowance for appurtenances. All appurtenances, as referenced in division (5)(B) of this section that exceed 15 feet above the maximum permitted building height shall be permitted only upon approval by the PZC.
(Prior Code, § 1227.01) (Ord. 2009-21, passed 10-27-2009)
(1) Site development standards for permitted uses. Development shall be subject to the dimensional standards in Table 157.101-1, unless otherwise modified in the use specific standards or if specific site development standards exist for the conditional use in § 157.103.
R-R | R-1 | R-2 | |||
Without Sewer | With Sewer
| ||||
Site development standards for open space residential subdivisions are located in § 157.102 | |||||
Minimum Lot Area (Square Feet) | |||||
Minimum lot area | Single-family dwelling | 55,000 | 43,560 | 21,780 | 21,780 |
Two-family dwellings | N/A | 65,340 | 43,560 | 30,000 | |
Multi-family dwellings | N/A | N/A | N/A | 130,680 | |
Maximum Density | |||||
Maximum density of multi- family dwellings | N/A | N/A | N/A | 8.5 units per acre | |
Minimum Lot Width (Feet) | |||||
Minimum lot width at the building line | Single-family dwellings | 120 | 120 | 85 | 85 |
Two-family dwellings | N/A | 150 | 120 | 100 | |
Multi-family dwellings | N/A | N/A | N/A | 120 | |
Minimum lot frontage1 | 85 | 85 | 85 | 85 | |
Minimum Setbacks (Feet) | |||||
Front2 | 50 | 50 | 40 | 40 | |
Side (one side) | 15 | 15 | 10 | 10 | |
Side (total of both sides) | 40 | 40 | 20 | 20 | |
Rear | 60 | 60 | 50 | 50 | |
Maximum Overall Building Height (Feet) | |||||
Maximum height of principal buildings | 36 | 36 | 36 | 48 | |
1 The continuous frontage element of this standard may be reduced to 50 feet by the Planning and Zoning Commission for lots fronting on a permanent cul-de-sac or other curved street fronts (e.g., knuckles); provided that the width of any such lot shall increase from the front lot line to the required width at the building line 2 The minimum front yard setback shall be equal to the depth of existing front yards on the developed lots adjacent to or the subject lot if the developed lots are within 300 feet on the same block when 50% of such lots have a uniform building setback which is greater or less than required | |||||
(2) Minimum floor area requirements.
Unit Type | Minimum Square Feet in the R-R District | Minimum Square Feet in all Other Districts |
One-story single-family dwellings | 1,500 | 900 |
Multiple story single-family dwellings | 900 on the first floor | 750 on the first floor |
Multi-family dwelling units or apartments in a mixed-use building | N/A | 500 plus 150 for each bedroom |
(3) Maximum lot coverage/maximum accessory use square footage.
(A) Table 157.101-3 defines the maximum lot coverage by principal structures and accessory structures in residential districts.
Lot Size | Maximum Lot Coverage by Principal Structures | Maximum Lot Coverage by Accessory Uses and Structures1 |
Up to 12,000 square feet | 60% | 10% |
12,001 to 20,000 square feet | 50% | 10% |
20,001 or more square feet | 45% | 15% with a maximum of 2,500 square feet |
1 This coverage does not include the lot area covered by the principal structure. Accessory uses and structures that count toward this lot coverage are identified in § 157.087. | ||
(B) In no case shall the total footprint of all accessory structures and buildings exceed the total footprint of the principal structure.
(4) Number of principal uses per lot. Only one principally permitted use may be permitted on a single lot with the exception of multi-family dwellings in the R-2 District where multiple dwellings may be located on a single lot. For the purposes of this provision, a two-family dwelling and a multi-family dwelling shall each be considered a single principal use. A secondary living unit may be considered as a conditionally permitted use (mother-in-law suite).
(5) Centralized water/sewer requirement. All development in the R-2 District shall be connected to an approved centralized sewer system and public water system.
(6) Open space requirements. The following open space requirements shall apply to any subdivision not subject to the open space residential subdivision requirements of § 157.102.
(A) Any subdivision greater than 15 acres in the R-1 District must reserve a minimum of 10% of the gross acres, excluding existing public easements and rights-of-way, as permanent open space.
(B) Any development in the R-2 District must reserve a minimum of 15% of the gross acres, exclusive of public or private right-of-ways, parking areas, land fragments between buildings or between buildings and parking areas, and minimum yards between property lines and buildings or parking areas.
(7) Multiple-family dwellings. Multiple-family dwellings may be permitted in the R-2 or PD Districts in accordance with the following provisions.
(A) In order to ensure and maintain individual privacy, dwellings in a multiple-family development shall be arranged and spaced in compliance with the Table 157.101-4.
Minimum building separation | 50 feet; however, if the buildings are designed with primary living areas directly facing one another, the minimum separation shall be 85 feet |
Minimum side and rear yard setback | 25 feet plus 1 additional foot of setback for every 2 feet of wall length greater than 35 feet; this setback shall only apply when the adjacent walls are parallel to one another or are within 45 degrees of parallel |
(B) The minimum building separation may be reduced by the PZC (through site plan review or PD plan approval) if they determine that adequate screening will be provided to ensure privacy for tenants.
(C) The arrangement of units within each building and between buildings shall maximize the privacy of each unit by providing screening walls and private yards where appropriate.
(D) Dwelling units in a multi-family dwelling shall meet the minimum floor area requirements as established in division (2) of this section.
(E) There shall be a maximum impervious surface ratio of 70% for lots developed for multi-family dwellings.
(Prior Code, § 1227.02) (Ord. 2009-21, passed 10-27-2009)
(1) Open space subdivisions in the R-R District. Open space subdivision plans may be permitted in the R-R District; provided that they conform to the requirements set forth below.
(A) Minimum lot area. The minimum lot area requirement of the R-R District may be reduced to a minimum of 43,560 square feet.
(B) Minimum site development standards. The required site development standards established in Table 157.101-1 may be reduced as specified in Table 157.102-1 below, but only for proposed lots that will have access from an interior local street.
(C) Required open space. An open space subdivision must reserve a minimum of 25% of the gross area, excluding rights-of-way, as permanent open space.
(D) Minimum project size. An open space subdivision project shall contain a minimum of 15 gross acres.
(E) Permitted uses. Only single-family dwellings and accessory uses permitted within the R-R District may be permitted.
(F) Control of open space.
1.) Open space shall be in the form of a conservation easement for preservation of undisturbed natural land areas, and may be owned and maintained by a homeowner’s or condominium association, or dedication of lands to the city for park or recreational purposes may be permitted if approved by the city.
2.) All conservation easement documents shall be submitted to the Planning Department for review and must specify the ownership and use of the land and provide adequate provisions for the perpetual care and maintenance of the open space. The conservation easement documents shall be recorded along with the final plat upon City Council approval.
(G) County Health Department approval. Any proposed open space subdivision plan project that will be located within an area not served by public sewage treatment must demonstrate approval of any proposed on-site or alternative sewage treatment system by the County Health Department, including department comment on the proposed individual lot sizes in the project.
(2) Open space subdivisions as a permitted use in the R-1 District. Open space subdivisions with minimum lot areas of 17,000 square feet may be permitted in the R-1 District; provided they conform to the requirements set forth below. Open space subdivisions with minimum lot areas of 13,600 square feet may be permitted as a conditional use in the R-1 District; provided they conform to the requirements set forth in this section.
(A) Minimum lot area. The minimum lot area requirement of the R-1 District may be reduced to a minimum of 17,000 square feet.
(B) Minimum site development standards. The required site development standards established in Table 157.101-1 may be reduced as specified in Table 157.102-2 of this section, but only for proposed lots that will have access from an interior local street.
(C) Required open space. An open space subdivision must reserve a minimum of 20% of the gross area, excluding rights-of-way, as permanent open space.
(D) Minimum project size. An open space subdivision project shall contain a minimum of ten gross acres.
(E) Permitted uses. Only single-family dwellings and accessory uses permitted within the R-1 District may be permitted.
(F) Control of open space.
1.) Open space shall be in the form of a conservation easement for preservation of undisturbed natural land areas, and may be owned and maintained by a homeowner’s or condominium association, or dedication of lands to the city for park or recreational purposes may be permitted if approved by the city.
2.) All conservation easement documents shall be submitted to the Planning Department for review and must specify the ownership and use of the land, and provide adequate provisions for the perpetual care and maintenance of the open space. The conservation easement documents shall be recorded along with the final plat upon City Council approval.
(3) Open space subdivisions as a conditional use in the R-1 District. Open space subdivision plans may be permitted as a conditional use in the R-1 District; provided they conform to the requirements set forth below.
(A) Conditional use permit. The open space subdivision shall be subject to the review procedure established in § 157.052.
(B) Minimum lot area. The minimum lot area requirement of the R-1 District may be reduced to a minimum of 13,600 square feet.
(C) Minimum site development standards. The required site development standards established in Table 157.101-1 may be reduced as specified in Table 157.102-3 below, but only for proposed lots that will have access from an interior local street.
(D) Required open space. An open space subdivision as a conditional use must reserve a minimum of 30% of the gross area, excluding right-of-ways, as permanent open space.
(E) Minimum project size. An open space subdivision project shall contain a minimum of ten gross acres and must adhere to the standards of the subdivision regulations.
(F) Permitted uses. Only single-family dwellings and accessory uses permitted within the R-1 District may be permitted.
(G) Control of open space.
1.) Open space shall be in the form of a conservation easement for preservation of undisturbed natural land areas, and may be owned and maintained by a homeowner’s or condominium association, or dedication of lands to the city for park or recreational purposes may be permitted if approved by the city.
2.) All conservation easement documents shall be submitted to the Planning Department for review and must specify the ownership and use of the land, and provide adequate provisions for the perpetual care and maintenance of the open space. The conservation easement documents shall be recorded along with the final plat upon City Council approval.
(Prior Code, § 1227.03) (Ord. 2009-21, passed 10-27-2009)
Table 157.103-1 establishes site development standards for certain conditional uses in addition to any conditions or other regulations that may be applicable to the use.
Minimum Lot Area | Minimum Lot Width at the Building Line | Minimum Building Setback | Minimum Parking Setback | |||
Front | Side and Rear1, 2 |
Front | Side and Rear1 | |||
Minimum Lot Area | Minimum Lot Width at the Building Line | Minimum Building Setback | Minimum Parking Setback | |||
Front | Side and Rear1, 2 |
Front | Side and Rear1 | |||
Public and Institutional Uses | ||||||
Community centers | 1 acre | 150 | 75 | 30 | 50 | 20 |
Educational facilities (public or private) | 3 acres | 200 | 75 | 30 | 50 | 20 |
Libraries, museums, galleries and cultural centers | 1 acre | 150 | 75 | 30 | 50 | 20 |
Public safety facilities | 1 acre | 150 | 50 | 30 | 50 | 20 |
Religious places of worship | 1 acre | 150 | 75 | 30 | 50 | 20 |
1 Side yard setbacks shall be measured from each side 2 The minimum setback shall be increased by one foot for each foot of building wall length greater than 30 feet, up to 100 feet | ||||||
(Prior Code, § 1227.04) (Ord. 2009-21, passed 10-27-2009)
Development shall be subject to the dimensional standards in Table 157.104-1, unless otherwise modified in the use specific standards or if specific site development standards exist for a conditional use in § 157.103.
B-1 | B-2 | B-3 | B-4 | B-5 | I-1 | |
Minimum Lot Area (Acres) | ||||||
Minimum lot area | 1 | 1 | 1 | 1 | 1 | 1 |
Minimum Lot Width (Feet) | ||||||
Minimum lot width at the building line | 150 | 150 | 100 | 150 | 150 | 150 |
Minimum Building Setback (Feet) | ||||||
Front | 50 | 50 | 35 | 50 | 50 | 50 |
Side (each side) | 25 or the height of the building, whichever is greater | |||||
Rear | 25 or the height of the building, whichever is greater | |||||
Maximum Overall Building Height (Feet) | ||||||
Maximum height of principal buildings | 48 | 60 | 36 | 60 | 60 | 60 |
Maximum Building Footprint (square feet) | ||||||
Maximum footprint size | None | None | 10,000 | None | None | None |
Maximum Lot Coverage | ||||||
Maximum lot coverage by buildings or accessory uses (excluding parking areas) | 33% | 33% | 25% | 33% | 33% | 33% |
Maximum lot coverage by impervious surfaces | 75% | 75% | 65% | 70% | 70% | 70% |
(Prior Code, § 1227.05) (Ord. 2009-21, passed 10-27-2009)
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