(a) INTENT. If, within the districts established by this Zoning Ordinance or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before the effective date of this Zoning Ordinance, but which do not conform to this Zoning Ordinance or future amendments, it is the intent of these regulations to permit these nonconformities to continue until they are removed or abandoned. Such uses are declared by this Zoning Ordinance to be incompatible with permitted uses in the districts involved. However, these regulations recognize the right of nonconformities to continue, but encourage such lots, uses, and structures to be brought into conformity with these regulations as soon as reasonable.
(b) NONCONFORMING LOTS OF RECORD.
(1) In any district in which residential dwellings are permitted, notwithstanding limitations imposed by other provisions of this Zoning Ordinance, a single- family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Zoning Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. If the lot is dimensionally nonconforming with regard to yard requirements, a variance must be obtained from front, side, and rear yard requirements from the Board of Zoning Appeals. The lot shall comply with all other development standards for the district and with Section 1331.06.
(2) Expansion or Reduction of Nonconforming Lots. Lots that fail to meet minimum width or area requirements may be expanded to include abutting lots under the same ownership. Lots that fail to meet minimum width or area requirements may not be reduced in width or area respectively.
(c) NONCONFORMING USES. Where a lawful use exists which, on the effective date of these regulations or subsequent amendment thereto, becomes nonconforming, such use may be continued so long as it has not been abandoned and remains otherwise lawful, subject to the following provisions:
(1) No nonconforming use shall be changed into another nonconforming use.
(2) No nonconforming use shall, if once changed into a conforming use, be changed back to a nonconforming use.
(3) No nonconforming use shall be enlarged, increased, extended, or expanded.
(4) No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use.
(5) External evidence of a nonconforming use shall not be increased by any means whatsoever.
(6) No nonconforming use shall be re-established if such use has for any reason been discontinued for a period of six months during any twelve-month period, except when government action impedes access to the premises. Discontinuance shall be deemed substantial or total cessation of activities with respect to the nonconforming use and/or substantial or total vacancy of the structure in which the nonconforming use was conducted. Such discontinuance shall be deemed abandonment, irrespective of whether an intent to abandon the nonconforming use may exist. Intent to resume a nonconforming use shall not confer the right to do so.
(7) If a nonconforming use of land is ceased for any reason, any subsequent use of such land shall conform to the regulations specified by this Zoning Ordinance for the district in which such land is located.
(Ord. 12225. Passed 4-17-01.)
(8) Any property found to be a public nuisance by City Council, which has a nonconforming status, shall lose its nonconforming status after three months.
(9) Any property found to be a permanent public nuisance by City Council, which has a nonconforming status, shall immediately lose its nonconforming use status and revert to the land use permitted in accord with the Zoning Ordinance.
(Ord. 12746. Passed 12-2-03.)
(d) NONCONFORMING STRUCTURES. Where a lawful structure exists at the effective date or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on lot area, lot coverage, height, yards, floor area ratio, off-street parking, loading, or other dimensional requirements or characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful. Such a building or structure that is otherwise conforming in use shall be deemed to be dimensionally nonconforming. The following provisions apply:
(1) Any nonconforming building or structure or portion thereof may be altered to decrease its dimensional nonconformity.
(2) Should a nonconforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(e) NONCONFORMANCE CREATED BY ZONING CHANGE OR OTHER AMENDMENTS TO THIS CHAPTER. Whenever a zoning designation or the restrictions affecting property within a district shall be changed hereafter so as to render nonconforming a use, building, or structure then presently or theretofore legally existing, such use, building, or structure may nevertheless continue subject to the conditions set forth in this chapter. Said uses shall be deemed nonconforming uses and said buildings and structures shall be deemed dimensionally nonconforming. Nothing in these regulations shall require any change in the plans, construction, or designated use of a building for which a building permit was issued prior to the effective date of these regulations provided that such building permit has not expired when construction is commenced.
(f) REPAIRS AND MAINTENANCE. A nonconforming structure may be maintained, repaired, or altered but shall not be enlarged in any way that increases its nonconformity. Nothing in this Zoning Ordinance shall prevent the restoration to a safe condition of any building or part thereof declared to be unsafe by the Building Inspector.
(g) RECONSTRUCTION OF NONCONFORMING USES AND STRUCTURES. Should a nonconforming structure or portion thereof, or a conforming structure with a nonconforming use be destroyed or damaged by any means to an extent where the cost of reconstruction exceeds fifty percent of the fair market value thereof at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Zoning Ordinance.
(h) SPECIAL PERMIT USES. Any use for which a special use permit is required as provided in this Zoning Ordinance shall not be deemed a nonconforming use, but shall be deemed a conforming use in such district.
(i) AUTOMATIC SPECIAL PERMIT. Any use in existence as of the effective date of this chapter which is by this chapter made a special permit use in the district in which it is located shall be presumed to have a special permit to the extent such use is legally conforming as of the date immediately prior to the effective date of this Chapter.