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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.
(Ord. 104-2010. Passed 11-22-10.)
(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 non-conformities be allowed to continue until removed, they should not be encouraged to survive. Therefore, no non-conformity may be moved, extended, altered, expanded or used as grounds for any other use or structure prohibited elsewhere in the district, except as 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 non-conforming 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 Zoning Code, the Planning Commission, or the Board of Zoning and Building Appeals for the conditional use.
(c) Accessory Uses. A non-conforming use that is accessory to a principal use shall not make the principal use non-conforming.
(d) Determination of Non-Conformity Status. The burden of establishing that a non- conformity lawfully exists shall be on the owner of the land on which the purported non- conformity is located.
(Ord. 104-2010. Passed 11-22-10.)
(a) Substitution of Uses. A legal, non-conforming use of a building may be changed to another non-conforming use of the same or a less intensive and more restricted type or classification, as approved by the Board of Zoning and Building Appeals. The Board of Zoning and Building Appeals shall not authorize a change or substitution of use unless it determines that the proposed use is more appropriate to the applicable zoning district than the existing non- conforming use and that the proposed use is less in conflict with the character of the uses permitted in the applicable zoning district than the existing non-conforming use. In permitting such a change, the Board of Zoning and Building Appeals may prescribe appropriate conditions and safeguards in accordance with other provisions of this Zoning Code. Violations of any conditions and/or safeguards prescribed by the Board of Zoning and Building Appeals shall be deemed a violation of this Zoning Code. Whenever a non-conforming use has been changed to a less intensive use under this subsection, such use shall not thereafter be changed to a more intensive non-conforming use.
(b) Abandonment. A legal, non-conforming use may be continued as long as it remains otherwise lawful, provided, however, that if any legal non-conforming use of land ceases for any reason, for a period of more than six consecutive months, any subsequent use of such land shall conform to the regulations specified by this Zoning Code for the district in which such land is located. When a legal, non-conforming use is replaced by a permitted use under terms of this Zoning Code, such permitted use shall thereafter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed.
(c) Expansion of Area of Use. Subject to approval of the Board of Zoning and Building Appeals, a legal non-conforming use may be extended, enlarged or altered so as to permit additions to such structure or land for the purpose of continuing the same non-conforming use as that carried on in such structure or on such land sought be to extended, enlarged or altered, provided, however, that no such extension, enlargement, alteration or addition shall exceed twenty-five percent of the existing square feet of such structure, or square feet of such land area, and provided further that only one such extension, enlargement, alteration or addition involving the same premises shall ever be permitted.
(d) Additional Structures. The existence of a non-conforming use shall not be grounds for the establishment of additional structures not otherwise permitted in the district in which the non-conformity is located, except that the owner of a non-conforming single-family residential use may construct an accessory structure relating to the residential use that conforms to the size limitations and other requirements for accessory structures in Section 1296.03.
(e) Completion. Any use for which zoning approval has been issued prior to the adoption of this Zoning Code or subsequent amendments, and which, when established, would not conform to the provisions of this Zoning Code for the district in which it is located, may be established and maintained as a non-conforming use provided that the use is established within twelve months after the date of approval.
(Ord. 104-2010. Passed 11-22-10.)
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