(a) Intent.
(1) Within the districts established by this Ordinance or amendments that may later be adopted, there exist lots, uses of land, structures, and uses of structures and land in combination which were lawful before this Ordinance was passed or its present amendments adopted, but which would be prohibited, regulated or restricted under the terms of this Ordinance or amendments.
(2) It is the intent of this Ordinance to permit these non-conformities to continue until they are removed. Non-conformities are declared by this Ordinance to be incompatible with the permitted uses in the zoning districts in which such use is located.
(3) The extension or enlargement of a non-conforming use of land or a non- conforming use of a structure and land in combination shall require the approval of the City Planning Commission.
(4) A non-conforming use that is consistent with the current zoning may be substituted for an existing use.
(5) Nothing in this Ordinance shall be deemed to require a change in plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on in a diligent manner.
(b) Single Non-conforming Lots of Record.
(1) A one-family structure and customary accessory buildings may be erected on a single lot of record at the effective date of adoption or amendment of this Ordinance where the lot of record fails to meet the minimum lot area and width requirements, or both, generally applicable within the zoning district. However, all principle buildings shall conform with the minimum yard dimensions and setback requirements other than those applying to lot area and width, or both, for the zoning district in which the lot is located.
(2) No portion of any lot shall be used or sold in a manner which diminishes compliance with lot area and width requirements established for the zoning district in which the lot is located.
(3) Variations from the requirements of this Ordinance, other than the required lot area and width, shall be obtained only through action by the City Planning Commission as provided in Section 1151.04, “Duties.”
(c) Nonconforming Uses of Land. Where lawful uses of land exist which would not be permitted by this Ordinance, the uses may be continued so long as they remain otherwise lawful, provided:
(1) The enlargement, increase, or extension of a non-conforming use shall be obtained only through action of the City Planning Commission as provided in Section 1151.04. The Planning Commission shall recognize a one-time request for enlarging, increasing or extending a non-conforming use a maximum of ten percent (10%).
(2) No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of the adoption or amendment of this Ordinance;
(3) If any non-conforming use of land is discontinued or abandoned for more than one (1) year, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the zoning district in which such land is located.
(d) Non-conforming Structures. Where a lawful building or structure exists at the effective date of the adoption or amendment of this Ordinance, that would not be allowed in the zoning district under the terms of this Ordinance, such building or structure may be continued providing it remains lawful, subject to the following requirements:
(1) The enlargement, increase, or extension of an existing non-conforming structure shall require the approval of the City Planning Commission.
(2) Should a non-conforming structure or non-conforming portion of a structure be accidentally destroyed, it may be reconstructed as it existed before destruction provided the reconstruction shall begin within one (1) year and is completed within two (2) years. Such reconstruction shall not result in a larger structure than existed before such destruction.
(3) Should a non-conforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved.
(4) An accessory building or structure not conforming to the requirements of this Ordinance shall be declared as a non-conforming structure.
(e) Non-conforming Uses of Structure and Land in Combination. Where a lawful use involving a structure and land in combination exists at the effective date of adoption or amendment of this Ordinance that would not be permitted in the zoning district under the terms of this Ordinance, such lawful use may be continued so long as it remains otherwise lawful, subject to the following requirements:
(1) No existing structure devoted to a use not permitted by this Ordinance for the district in which it is located shall be enlarged, increased, or extended except in changing the use of the structure to a use permitted in the zoning district in which it is located;
(2) Any nonconforming use may be extended throughout the parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building;
(3) Any structure and land in combination, in or on which a non-conforming use is superseded by a permitted use for a period of one (1) year, shall thereafter conform to the regulations for the district in which it is located, and the non-conforming use may not thereafter be resumed;
(4) When a non-conforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than one (1) year, the structure or structure and land in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located;
(5) Where non-conforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.
(6) Work may be conducted on ordinary repairs, or on repair or replacement of walls, fixtures, wiring, heating or plumbing on any non-conforming structure or portion of a structure containing a non-conforming use, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Ord. 01-50. Passed 12-6-01.)