(A) Intent. Within the districts established by this ordinance or by amendments that may later be adopted, there may exist certain structures or uses of land that were lawful before this ordinance was passed or amended, but which are prohibited, regulated or restricted under the terms of this ordinance or may be by future amendments hereto. All previously existing uses, lots and structures which do not comply with the regulations in this ordinance and its amendments, shall be deemed legal nonconforming (“grandfathered”) uses, lots and structures.
(B) Illegal nonconforming uses. A structure, lot or use that is nonconforming and that was established or constructed without an approved improvement location permit or approval from the Board of Zoning Appeals or Plan Commission is considered illegal nonconforming. An illegal nonconforming property shall be subject to actions and penalties allowed by this ordinance (Chapter 10: Enforcement and Penalties) and all other applicable city ordinances, and shall be altered to conform with all applicable standards and regulations of this ordinance. Illegal uses existing at the time this ordinance is enacted shall not be validated by virtue of its enactment.
(C) Legal nonconforming status. Legal nonconforming status results from the enactment of a unified development ordinance (UDO) or a change to the UDO, including the official zoning map. The structure, lot or use has not changed but due to the UDO enactment or change, the property no longer conforms to the standards of the zoning district in which it is located. Legal nonconforming lots, structures, uses and the like may continue in the manner and to the extent that they existed or were used at the time the change in the UDO was enacted provided that it does not, subsequent to the adoption of this ordinance, become more nonconforming.
(D) Change in ownership. A change in ownership shall not affect the legal nonconforming status.
(E) Honoring previous permits. Nothing herein contained shall require any change in the plans for the construction or designated use of a building for which a building permit or improvement location permit has been issued, and the actual construction begun within 90 days of the date of the permit, and which entire building shall be completed according to those plans filed or on file before the effective date of this ordinance. Actual construction is hereby defined as work done which is beyond the preparation stage and into that stage where the changes or additions are made permanent.
(F) Regulations concerning nonconforming uses.
(1) Change in existing use. A legal nonconforming use may be changed to another legal nonconforming use of the same or greater restrictions, provided the size of the structure is not increased.
(2) Conditional uses and conforming uses. An existing use which is listed herein as a conditional use, and which is located in a district in which a conditional use may be permitted, is a conforming use; provided the use meets the minimum lot area requirement set forth in this ordinance. Any expansion of the conditional use involving the enlargement of buildings, structures and land area devoted to the use, shall be subject to the requirements and procedure described in this ordinance.
(G) Requirements for nonconforming uses and uses permitted by conditional use or variance. Any use which is nonconforming in the zoning district in which it is located or is permitted by conditional use or variance shall be consistent with the standards for the zoning district in which the use is permitted by this ordinance. The Board of Zoning Appeals may specify the appropriate standards for all uses permitted by conditional use or variance.
(H) Discontinuance of use. If a nonconforming use of land or a building discontinues active continuous operations for a period of one year or more, the building or land where the nonconforming use existed shall be occupied and used only for a conforming use.
(I) Damage to nonconforming use. Any nonconforming use which, by fire, flood, explosion, earthquake, war, riot or act of God or humans is damaged to an extent of more than 50% of its then fair market replacement value above the foundations at the time of the damage, shall not be reconstructed and used as before the calamity; but if less than 50% is damaged, it may be reconstructed or used, provided that the reconstruction or use be accomplished within 12 months of the calamity.
(J) Regulations concerning nonconforming structures/lots.
(1) Enforcement affect of other ordinances. The legal nonconforming status shall not affect the uniform enforcement of all other ordinances designed for the protection of the health, welfare and safety of the citizens of the city including, but not limited to, the fire, building and housing codes. No permits shall be issued for other work or to expand the floor area or add residential units to those legal nonconforming uses.
(2) Structural alteration or enlargement. No nonconforming structure shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.
(3) Repairs and maintenance.
(a) Ordinary repairs and maintenance. On any nonconforming structure or portion of a structure, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding 10% of the current replacement cost of the nonconforming structure and market value of real estate, or nonconforming portion of the structure, whichever the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.
(b) Buildings may be made safe. Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building, either conforming or nonconforming, declared unsafe by proper authority.
(c) Damage to nonconforming structure. Any nonconforming structure which, by fire, flood, explosion, earthquake, war, riot or act of God or humans is damaged to an extent of more 50% of its replacement value above the foundations, shall not be reconstructed and used as before the calamity; but if less 50% is damaged, it may be reconstructed or used provided that the reconstruction or use be accomplished within 12 months of the calamity.
(K) Nonconformity by public acquisition. Any property, lot or structure which is rendered nonconforming by the action of a governmental agency in opening, closing, widening, paving or improvement of any street, shall absent any other reason for nonconformity, be exempt from the nonconformance provisions of this chapter.
(L) Exception.
(1) Expansions of existing structure. A legal nonconforming single-family or two-family residence and/or its accessory structures which are located in a multifamily zoning district, but within an area that has developed primarily as a residential neighborhood, may be expanded and the expansion shall be for the purpose of continuing the residential use of the property. The residential structure shall comply with the infill development requirements of § 7.22(E).
(2) New construction. Any legally established lot, as defined by this ordinance, which exists in a residential neighborhood, located in a district in which single- and/or two-family dwellings are no longer permitted by this ordinance, shall be permitted to erect a single- or two-family dwelling with permitted accessory buildings in compliance with the infill developments requirements of § 7.22.
(Ord. 07-16, passed 12-10-2007; Ord. 2008-07, passed 7-28-2008)
Cross-reference:
Sign regulations for abandoned sign requirements, see Title XV, § 7.7