(A) Statement of purpose. This section regulates the continued existence of legal nonconforming uses, buildings, and structures and specifies those circumstances under which such uses, buildings, and structures shall be permitted or gradually eliminated.
(B) Scope of regulations; general provisions.
(1) These regulations apply to the following categories of nonconformities:
(a) Legal nonconforming uses of land and legal nonconforming uses in conforming buildings and structures.
(b) Legal nonconforming uses of legal nonconforming buildings and structures.
(c) Legal nonconforming buildings and structures (as to bulk).
(2) Nothing in this section is intended to prevent the strengthening or restoration of a legal nonconforming building or structure to a safe condition for purposes of the public health and safety.
(3) The burden of establishing the existence of a legal nonconforming use, building, or structure is upon the property owner and not upon the city.
(C) Legal nonconforming uses of land and legal nonconforming uses in conforming buildings or structures.
(1) Authority to continue. Except as provided in division (C)(9), any existing legal nonconforming use of a premises not involving the use of a building or structure, or involving only a conforming building or structure that is accessory to a legal nonconforming use of land, or a legal nonconforming use located in a conforming building or structure, may be continued so long as it remains otherwise lawful, subject to the regulations contained in divisions (C)(2) through (C)(8).
(2) Ordinary repair and maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing, may be performed on any conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted in whole or in part to a legal nonconforming use, provided, however, that this division (C)(2) shall not be deemed to authorize any violation of divisions (C)(3) through (C)(9).
(3) Structural alteration. No conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted entirely to a legal nonconforming use, and no portion of a conforming building or structure that is devoted to a legal nonconforming use, shall be structurally altered unless the use of such building or structure or portion thereof that is devoted to a legal nonconforming use shall thereafter conform to the use regulations of the zoning district in which it is located. No such alteration shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of nonconformity with any existing parking, loading, bulk, yard, or space requirement for such building or structure.
(4) Enlargement of building or structure. No conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted entirely to a legal nonconforming use, and no portion of a conforming building or structure that is devoted to a legal nonconforming use, shall be enlarged or added to in any manner, including the interior addition of floor area, unless the use of such building or structure or portion thereof that is devoted to a legal nonconforming use shall thereafter conform to the use regulations of the district in which it is located. No such enlargement shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of nonconformity with any existing parking, loading, bulk, yard, or space requirement for such building or structure.
(5) Expansion of legal nonconforming use. A legal nonconforming use of land that does not involve a building or structure, a conforming building or structure that is accessory to a legal nonconforming use of land, or a legal nonconforming use in all or a portion of a conforming building or structure shall not be expanded, extended, enlarged, or increased in intensity. Such prohibited activity shall include without being limited to:
(a) An expansion of such use, including its accessory uses, to any building, structure, or land area other than that occupied by such legal nonconforming use on December 23, 1980, or any subsequent changes to this chapter that have caused such use to become nonconforming; and
(b) An expansion of such legal nonconforming use, including its accessory uses, within a building or other structure to any portion of the floor area that was not occupied by such legal nonconforming use on the December 23, 1980, or any subsequent changes to this chapter that have caused such use to become nonconforming.
(6) Moving. No conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted in whole or in part to a legal nonconforming use shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless both the building or structure and the use thereof shall thereafter comply and conform to all regulations of the zoning district in which it is located after being so moved. No legal nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
(7) Change in use. A legal nonconforming use of land that does not involve a building or structure, or that involves only a conforming building or structure that is accessory to the legal nonconforming use of land, or a legal nonconforming use in a conforming building or structure shall not be changed to any use other than a use permitted in the zoning district in which the use, building, or structure is located. When such a legal nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to any unlawful use.
(8) Damage or destruction. Any conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted in whole or in part to a legal nonconforming use and that is damaged or destroyed, by any means, to the extent of more than 50% of the cost of replacement of such building or structure shall not be restored, unless the use thereof shall thereafter conform to all regulations of the zoning district in which it is located, and unless its restoration is authorized pursuant to this code. The restored building or structure shall be accomplished without creating any new nonconformity with parking, loading, bulk, yard, or space requirements or increasing the degree of nonconformity with any parking, loading, bulk, yard, or space requirement existing prior to such damage or destruction. Restoration shall actually begin within one year after the date of such damage or destruction, unless extended in writing by the City Council for an additional period of one year for good cause shown, and such restoration shall be diligently pursued to completion.
(9) Termination by discontinuance or abandonment.
(a) When a legal nonconforming use of land that does not involve a building or structure, or that involves only a conforming building or structure that is accessory to the legal nonconforming use of land, or a legal nonconforming use in a part or all of a conforming building or structure is discontinued or abandoned for a period of six months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be re-established or resumed. Any subsequent use or occupancy of such land, building, or structure shall comply with the use regulations of the zoning district in which such land, building, or structure is located.
(b) Any period of such discontinuance of a legal nonconforming use caused by government action or acts of God, and without any contributing fault by the user, shall not be considered in calculating the length of discontinuance for purposes of this division (C)(9).
(D) Legal nonconforming uses in legal nonconforming buildings or structures.
(1) Authority to continue. Except as provided in division (D)(9), any lawfully existing legal nonconforming use located in a legal nonconforming building or structure may be continued so long as it remains otherwise lawful, subject to the regulations contained in division (D)(2) through (D)(8).
(2) Ordinary repair and maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing, may be performed on any legal nonconforming building or structure devoted in whole or in part to a legal nonconforming use, provided, however, that this division (D)(2) shall not be deemed to authorize any violation of divisions (D)(3) through (D)(9).
(3) Structural alteration. No legal nonconforming building or structure devoted entirely to a legal nonconforming use, and no portion of a building or structure that is legal nonconforming or is devoted to a legal nonconforming use shall be structurally altered unless the building or structure or portion thereof that is legal nonconforming or is devoted to a legal nonconforming use, and the use thereof, shall thereafter conform to all regulations of the zoning district in which it is located. No such alteration shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of nonconformity with any existing parking, loading, bulk, yard, or space requirement in such building or structure.
(4) Enlargement of building or structure. No legal nonconforming building or structure that is devoted entirely to a legal nonconforming use, and no portion of a building or structure that is legal nonconforming or is devoted to a legal nonconforming use, shall be enlarged or added to in any manner, including the interior addition of floor area, unless the building or structure or portion thereof that is legal nonconforming or is devoted to a legal nonconforming use, and the use thereof, shall thereafter conform to all the regulations of the district in which it is located. No such enlargement shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of any nonconformity with existing parking, loading, bulk, yard, or space requirement in such building or structure.
(5) Expansion of legal nonconforming use. No legal nonconforming use in a legal nonconforming building or structure or portion thereof shall be expanded, extended, enlarged, or increased in intensity by an expansion of such use to any building or structure, land area, or portion thereof, including but not limited to expansion to any portion of the floor area of a legal nonconforming building or structure or portion thereof that was not occupied by such legal nonconforming use, other than that occupied by such legal nonconforming use on December 23, 1980, or any subsequent changes to this chapter that have caused such use to become nonconforming.
(6) Moving. No legal nonconforming building or structure that is devoted in whole or in part to a legal nonconforming use shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the entire building or structure and the use thereof shall thereafter comply and conform to all regulations of the zoning district in which it is located after being so moved. No legal nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
(7) Change in use. A legal nonconforming use of land or a legal nonconforming use within a legal nonconforming building or structure shall not be changed to any use other than a use permitted in the zoning district in which the use, building or structure is located. When such a legal nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to any unlawful use.
(8) Damage or destruction. Any legal nonconforming building or structure devoted in whole or in part to a legal nonconforming use, which is damaged or destroyed, by any means, to the extent of 50% of the cost of replacement of such building or structure, shall not be restored unless such building or structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located and unless its restoration is authorized pursuant to this code. The restored building or structure shall be accomplished without creating any new nonconformity with parking, loading, bulk, yard, or space requirements or increasing the degree of nonconformity with any parking, loading, bulk, yard, or space requirements existing prior to such damage or destruction. Restoration shall actually begin within one year after the date of such damage or destruction, unless extended in writing by the City Council for an additional period of one year for good cause shown, and such restoration shall be diligently pursued to completion.
(9) Termination by discontinuance or abandonment.
(a) When a legal nonconforming use of a part or all of a legal nonconforming building or structure, which was not originally constructed or intended for any use permitted in the zoning district in which such building or structure is located, is discontinued or abandoned for a period of six months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land, building, or structure shall comply with the use regulations of the zoning district in which such land, building, or structure is located.
(b) Any period of such discontinuance of a legal nonconforming use caused by government action or acts of God, and without any contributing fault by the user, shall not be considered in calculating the length of discontinuance for purposes of this division (D)(9).
(E) Legal nonconforming buildings or structures (as to bulk).
(1) Authority to continue. Any legal nonconforming building or structure that is devoted to a use that is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in divisions (E)(2) through (E)(4).
(2) Repair, maintenance, alterations, and enlargement. Any legal nonconforming building or structure may be repaired and maintained. Any portion of a legal nonconforming building or structure that is altered or enlarged, whether in the vertical or horizontal dimension, shall comply with all provisions of this chapter.
(3) Moving. A legal nonconforming building or structure shall not be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire building or structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.
(4) Damage or destruction. Any legal nonconforming building or structure that is damaged or destroyed, by any means not within the control of the owner thereof, to the extent of more than 50% of the cost of replacement of such building or structure, shall not be restored unless such replacement building or structure shall thereafter conform to all regulations of the zoning district in which it is located and unless the restoration is authorized pursuant to this code. The restored building or structure shall be accomplished without creating any new nonconformity with parking, loading, bulk, yard, or space requirements or increasing the degree of nonconformity with any parking, loading, bulk, yard, or space requirements for such building or structure. Restoration shall actually begin within one year after the date of such damage or destruction, unless extended in writing by the City Council for an additional period of one year for good cause shown, and such restoration shall be diligently pursued to completion. In no event shall any damage or destruction to such a legal nonconforming building or structure by means within the control of the owner be repaired or restored except in accordance with division (E)(2).
(5) Driveways and signs. Legal nonconforming driveways and signs shall not be subject to the foregoing, and shall be subject only to the following regulations:
(a) Driveways. If the principal building or structure on any lot is destroyed or damaged by more than 50% of the total cost of reconstructing the building or structure, whether by fire, casualty, or act of God, or by the actions of the property owner, any legal nonconforming driveway on such lot shall be brought into conformance with the requirements of §§ 156.101(E) and 156.075(H) at the time the building or structure is reconstructed.
(b) Signs. Legal nonconforming signs may be continued, repaired, altered, added to, or enlarged, moved, restored, discontinued, and changed in use only in conformance with the provisions of § 156.043(E).
(F) Variations previously granted for uses, buildings, and structures. Any use, building, or structure that becomes nonconforming upon the effective date of any changes to this chapter that cause such building or structure to become nonconforming, and for which a variation was previously granted, shall remain lawful to the extent of the specific variation granted, subject to any conditions that were imposed pursuant to the grant of such variation.
(G) Special uses previously granted for uses, buildings, and structures. Any use, building, or structure that becomes nonconforming upon the effective date of any changes to this chapter that cause such building or structure to become nonconforming, and for which a special use was previously granted, including a special use for a planned unit development, shall remain lawful to the extent of the approvals given as part of such special use, subject to any conditions that were imposed pursuant to the grant of such special use.
(Ord. 80-24, passed 12-23-80; Am. Ord. 98-06, passed 6-9-98; Am. Ord. 99-08, passed 6-22-99; Am. Ord. 01-55, passed 3-26-02; Am. Ord. 02-76, passed 3-25-02; Am. Ord. 03-37, passed 11-25-03 ; Am. Ord. 05-42, passed 2-14-06) Penalty, see § 156.999