1. Purpose. The purposes of this section are:
A. To allow for reasonable use of legally created lots of record which do not meet current minimum requirements for their respective zoning districts.
B. To provide for reasonable use of legally constructed structures which do not meet current site development regulations for their respective zoning districts.
C. To allow for the reasonable continuation of legally established uses which do not meet current use regulations for their respective zoning districts.
D. To limit the continuation and provide for the gradual replacement of nonconforming uses.
2. Regulations Additive. Regulations for nonconforming uses are in addition to regulations for nonconforming structures. In the event of a conflict, the most restrictive regulation shall apply.
3. Nonconforming Lots.
A. Pre-existing Lots of Record. Nonconforming lots of record existing at the time of the adoption of this chapter shall be exempt, unless otherwise provided, from the minimum lot area and lot width requirements of each zoning district. Such lots may be developed with any use allowed by the regulations for the district and must comply with all other site development regulations set forth by the Zoning Ordinance, except as provided by Section 165.30.
B. Reductions Due to Public Acquisition. If a portion of a legally existing lot in any district is acquired for public use, the remainder of this lot shall be considered a conforming lot.
C. Use of Existing Lots of Record for Marion County Extra-territorial 28E Jurisdiction. Any recorded lots in existence as of the date of adoption of Ordinance No. 659 (October 5, 2004) in the Marion County Extraterritorial 28E Zoning Jurisdiction shall be considered as exempt, unless otherwise provided, from the minimum lot frontage requirement. This exemption shall include lots which do not have direct frontage on a public street. Such lots may be developed with any use allowed by the regulations for the district and must comply with all other site development regulations set forth by the Zoning Ordinance. (Ord. 659 - Oct. 04 Supp.)
4. Nonconforming Structures. These regulations apply to buildings and structures which were constructed legally under regulations in effect before the effective date of this Zoning Ordinance.
A. Continuation. A lawful nonconforming structure existing on the effective date of this Zoning Ordinance may be continued, repaired, maintained or altered, subject to the provisions of this section.
B. Additions or Enlargements to Nonconforming Structures. A lawful nonconforming structure cannot be added to or enlarged in such a way which increases its nonconformity. An addition may be permitted if it satisfies one or more of the following conditions:
(1) The enlargement or addition, when considered independently of the existing building, complies with all applicable setback, height, off-street parking, and landscaping requirements.
(2) The nonconforming building and impervious surface coverage on the site are not increased and the building, after the addition, conforms to height and off-street parking regulations applicable to its zoning district.
(3) The addition projects no further into a required side yard setback than the existing building; the length of the side wall of the addition is the smaller of twenty-five (25) feet or fifty percent (50%) of the length of the existing nonconforming side wall; and the enlarged building complies with building and impervious coverage, front and rear yard setbacks and height regulations applicable to its zoning district.
No permitted addition to a nonconforming structure may place a wall within ten (10) feet of a window of an adjacent pre-existing residential structure. Nonconforming buildings shall be limited to one addition or enlargement pursuant to these regulations.
C. Moving of Nonconforming Structures. A lawful nonconforming building or structure shall not be moved in whole or in part to another location on its lot unless every part of the structure conforms to all site development regulations applicable to its zoning district.
D. Repair of Nonconforming Structures. A lawful nonconforming building damaged by fire, explosion, storm or other calamity, except flood damages, may be repaired and reconstructed provided there is no increase in the degree of nonconformity and provided that the extent of the damaged area is less than sixty percent (60%) of gross floor area of the structure above its foundation. Repair and reconstruction within the designated flood plain shall be in conformance with Flood Plain Development regulations.
E. Conversion of a Conforming Building. A conforming building shall not be changed in any way that will result in a nonconforming development.
F. Applicability of Landscaping and Screening Regulations. A pre-existing structure, building, or development shall be exempt from Section 165.31, Landscaping and Screening Regulations. However, any expansion of such structure, building, or development or any adjacent new development onto property that is or becomes vacant on or after the effective date of this Zoning Ordinance shall be subject to said section.
5. Nonconforming Uses.
A. Continuation of Nonconforming Uses. Any nonconforming use lawfully existing on the effective date of this Zoning Ordinance may continue, subject to the limitations of this section.
B. Enlargement of Nonconforming Uses. A building or structure housing a lawful nonconforming use may not be added to or enlarged.
C. Abandonment of Nonconforming Use. If any structure or property used as a lawful nonconforming use becomes vacant or unused for a continuous period of six (6) months, any subsequent use must conform to all use regulations applicable to the property’s zoning district.
D. Relocation of Use. No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel which was not occupied by such use at the effective adoption or amendment of this Zoning Ordinance.
E. Change of Use. A lawful nonconforming use may be changed only to a use type permitted in the zoning district in which it is located.
F. Allowance for Repairs. Repairs and maintenance of a structure occupied by a nonconforming use may be made, provided that no structural alterations are made other than those required by law.
G. Damage or Destruction of Structures. Should a structure occupied by a lawful nonconforming use be damaged by any means to an extent that the area to be reconstructed exceeds sixty percent (60%) of the gross floor area of the structure, exclusive of foundations, the nonconforming use shall not be reconstructed and is no longer permitted. If the structure is less than 60% destroyed above the foundation, it may be reconstructed and used as before, provided reconstruction is completed within six (6) months of the damage.
H. Nonconforming Uses and Special Use Permits. A lawful pre-existing use which would require a special use permit in its zoning district shall be presumed to have the appropriate permit and shall be considered a conforming use. The use shall be subject to the regulations governing lapses or revocation of permits, set forth in Section 165.37(H).
6. Nonconforming Uses in Extraterritorial CC District.
A. Any legal nonconforming use which was in existence as of the date of adoption of the ordinance codified by this subsection (August 17, 2004) in the Marion County 28E Extraterritorial CC Community Commercial Zoning District shall be considered as a legal conforming use and may expand as if it were a permitted use.
B. Lot Expansions and Location Limitation. A use as identified in paragraph A shall be permitted to expand to the extent allowed by building and setback requirements in place at the time of permit application. Any such expansion shall be limited only to the existing lot of record wherein said use was located as of the date of adoption of the ordinance codified by this subsection (August 17, 2004).
C. Change of Use. Any change of use from a use identified in paragraph A to another use shall only be permitted if the new use is an otherwise permitted use in the CC Zoning District.
D. Abandonment of Use. If a use as identified in paragraph A discontinues for a continuous period of six (6) months, any subsequent use must then conform to the CC District requirements as delineated in Section 165.12, Permitted Uses by Zoning District.
(Ord. 656 - Oct. 04 Supp.)
7. Nonconforming Funeral Service Use.
A. Any legal nonconforming funeral service use which was in existence as of the date of adoption of this ordinance shall be considered as a legal conforming use and may expand as if it were a permitted use.
B. Lot Expansions and Location Limitation. A use as identified in paragraph A. shall be permitted to expand to the extent allowed by building and setback requirements in place at the time of permit application. Any such expansion shall be limited only to the existing lot of record wherein said use was located as of the date of adoption of this ordinance.
C. Change of Use. Any change of use from a use identified in paragraph A. to another use shall only be permitted if the new use is an otherwise permitted use in the zoning district where it is located.
D. Abandonment of Use. If a use as identified in paragraph A. discontinues for a continuous period of six (6) months, any subsequent use must then conform to the zoning district requirements as delineated in 165.12 Permitted Uses by Zoning District.
(Ord. 885 – July 14 Supp.)