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Any lawful, nonconforming use existing at the time of the effective date of this chapter (Ordinance 72-72, passed August 31, 1972) may be continued, provided that the building or land or use thereof is not structurally changed, altered, enlarged or moved, unless such altered, enlarged or moved building or use conforms to the provisions of this Zoning Code for the district in which it is located.
The enactment of this chapter shall not be deemed to affect, alter or change any variance heretofore granted by the appropriate administrative or legislative body of the City or by a court of competent jurisdiction upon review of the action of such administrative or legislative body.
(Ord. 72-72. Passed 8-31-72.)
(Ord. 72-72. Passed 8-31-72.)
(a) Maintenance and Repair. A nonconforming building may be continued to be used and normal repairs may be made. Normal repairs include the ordinary maintenance of a building or structure and the replacement of equipment; they do not include the replacement of structural parts except when required by law to restore to a safe condition.
(b) Additions. A nonconforming building may be added to or enlarged, provided the additions are made to conform to all the regulations of the district in which it is located.
(c) Moving. A nonconforming building may be moved to any other location on the same lot or to another lot, provided the building moved will conform with all regulations of the district.
(d) Restoration. Nothing in this chapter shall prevent the restoration of a building damaged by fire, explosion, act of God, or act of a public enemy, subsequent to the effective date of this chapter or shall prevent the continuance of the use of such buildings or part thereof provided that such building is not damaged to an extent more than fifty percent of its reproduction value, and provided further that the restoration is made within two years from the date of damage and that the same use is made of the premises.
(Ord. 72-72. Passed 8-31-72.)
Lots of record prior to passage of the Zoning Code, or amendments thereto which created such nonconforming lot(s) of record, with less area or width than heretofore established may be used in accordance with the following provisions:
(a) In an R-1, R-2, R-3 or RTF District, a single-family dwelling and customary accessory buildings may be erected on any single nonconforming lot of record which existed prior to passage of the Zoning Code or any amendment thereto became effective (Ordinance 72-72, passed August 31, 1972). Such lot must be in separate ownership and not contiguous to another lot or lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variances of requirements listed in this Code shall be obtained only through action of the Board of Zoning Appeals and City Council.
(b) Notwithstanding the foregoing, if such lot is contiguous to another lot or lots owned by the same person, all of the contiguous lots owned by the same person shall be merged and resubdivided so as to conform to the more recently enacted zoning requirements to the extent that it is reasonably possible and practical. For the purposes of this section, lots shall be considered as owned by the same person when they are owned by: the same individual or corporation; an individual and another in joint tenancy, as tenants-in-common, or as an estate by the entireties and either of the owners owns other lots individually or as a joint tenant or tenant-in-common with another; when any of the lots are owned by an individual and other lots are owned by his or her spouse, parents, grandparents, children, grandchildren, or the spouse of any child or grandchild, or a brother or sister or spouse of a brother or sister of such person; when any of the lots are owned by an individual and other lots are owned by a corporation in which such individual is an officer or director or stockholder; and when any of the lots are owned by two or more corporations which have any individual who is an officer, director or stockholder in all of such corporations.
(Ord. 111-95. Passed 2-13-96.)
“Nonconforming use of buildings or land” means the use of buildings or land existing lawfully at the time this Zoning Code or any amendments thereto became effective (Ordinance 72-72, passed August 31, 1972), but which does not conform to the use regulations of the district in which it is located.
(a) Change or Expansion of Use. A nonconforming use of buildings or land may only be changed to a conforming use. The nonconforming use of a part of a building or a parcel of land shall not be extended unless recommended by the Board of Appeals and approved by Council.
(1) Resumption. No nonconforming use, if discontinued or changed to a use permitted in the district in which it is located, shall be resumed or changed back to a nonconforming use.
(2) Discontinuance. A nonconforming use shall be deemed discontinued for the purpose of this section if no nonconforming use is made of the property for a period of six months.
(b) Change in Building or Expansion. A nonconforming use shall not be moved from one building to any other location on the same lot or another lot unless the use conforms to all the regulations of the district.
(Ord. 72-72. Passed 8-31-72.)
The foregoing provisions of this chapter shall also apply to buildings, land, structure or other uses hereafter becoming nonconforming as a result of future reclassification of districts or of other amendments made to this Zoning Code.
(Ord. 72-72. Passed 8-31-72.)