Where, at the time of adoption of this code, lawful uses of land or structures exist that would not be permitted by the regulations of this code, the uses may be continued so long as they remain otherwise lawful and provided:
(a) No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this code unless it complies with the provisions of Section 1131.05(e).
(b) No such nonconforming use shall be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this code.
(c) No additional structures shall be constructed on a lot with a nonconforming use unless such new structure complies with the requirements of this code and the applicable zoning district.
(d) Change or Substitution to Another Nonconforming Use.
(1) The lawful nonconforming use of an existing building, structure, or lot can be continued even if such use is not permitted in the applicable district.
(2) If no structural alterations are made that increase the nonconformity, a nonconforming use of a building or structure, or a nonconforming use of a lot, may be changed to another nonconforming use of the same or of a more restricted use, as determined by the BZA. Such determination shall be made at a public hearing held in the same manner as a variance (See Section 1105.11.), including notice, but the variance review criteria of Section 1105.11(c) shall not apply. At the hearing, the BZA shall make a decision based on the following findings:
A. That the use proposed is equally appropriate or more appropriate to the district than the existing nonconforming use; and
B. That the use proposed is in less conflict with the character of uses permitted in the applicable zoning district than the existing nonconforming use.
(3) In permitting such change, the BZA may prescribe appropriate conditions and safeguards in accordance with other provisions of this code and when made a part of the terms under which the change is granted.
(4) Whenever a nonconforming use is changed to a less intensive nonconforming use, such use shall not thereafter be changed to a more intensive nonconforming use.
(5) Whenever a nonconforming use is changed to a use permitted in the district in which the lot is located, it shall cease to be considered a nonconforming use. Upon such compliance, no nonconforming use shall be made, resumed, or reinstated.
(e) Expansion or Alteration of a Nonconforming Use.
(1) A nonconforming use of land shall not be physically enlarged, increased, nor extended to occupy a greater area of land than was occupied by the use at the time it became nonconforming, unless otherwise specified.
(2) A nonconforming use of an existing structure may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment to this code. However, no such use shall be extended to occupy any land outside such building not previously occupied by such nonconforming use.
(3) No such building shall be enlarged or expanded to increase the nonconforming use. No additional structures shall be constructed in connection with such nonconforming use, except as follows:
A. The construction of a detached accessory structure related to a nonconforming residential use shall be permitted subject to complying with the accessory use lot coverage & setback regulations of the zoning district in which the nonconforming residential use is located. The maximum height of such accessory structure shall not exceed 20 feet.
B. For nonconforming residential uses, non-habitable attached garages, porches and decks, although requiring zoning clearance and a zoning certificate, shall not be considered expansions of non-conforming uses. Such additions to non-conforming residential uses shall comply with the lot coverage & setback requirements of the zoning district in which the nonconforming residential use is located. The maximum height of such addition shall not exceed 35 feet.
(4) No building or structure occupied by a nonconforming use shall be altered, improved, or reconstructed except when the use is changed to a permitted use in the district in which it is located, or upon prior approval of the BZA provided the cumulative cost of the alteration, reconstruction, or improvement permitted by the BZA does not exceed 50 percent of the building's replacement value.
(f) Relocation of Nonconforming Use of Land. A nonconforming use of land shall not be moved in whole or in part to any portion of the lot or parcel other than those portions occupied by the use at the time it became nonconforming.
(g) Removal of a Nonconforming Mobile or Manufactured Home Use of Land. A nonconforming use of land for a mobile or manufactured home shall be voluntarily abandoned upon the removal of such mobile or manufactured home from the site of such use. Any subsequent use of the land shall conform to the use regulations specified by this Code for the district in which such land is located.
(h) Termination of Nonconforming Uses.
(1) Termination of Use through Discontinuance.
A. When any nonconforming use is discontinued or abandoned for more than 12 consecutive months, such discontinuance shall constitute voluntary abandonment and any new use shall conform to the regulations of the district in which it is located. Furthermore, a nonconforming use may not thereafter be resumed. The intent to continue a nonconforming use shall not be evidence of its continuance.
B. The BZA shall only consider applications to reinstate a nonconforming use after the use has been discontinued or abandoned for more than 12 months through an use variance review as established in Section 1105.11.
(2) Termination of Use by Damage or Destruction.
A. If a nonconforming single-family detached dwelling in any district is damaged or destroyed to any extent, such structure and single-family detached dwelling may be reestablished on the same lot provided it meets the same size in height and footprint, as well as complying with the same setbacks as previously existed. Such reestablishment of the use shall require the issuance of a zoning certificate and shall be required to commence within 12 months of the damage or destruction.
B. If any nonconforming use beyond a single-family detached building is damaged or destroyed, but not to an extent greater than 50 percent of the principal structure's market value according to the Wayne County Auditor, such structure and use may be reestablished on the same lot to the same size and intensity of use, with the same number or fewer dwelling units, as was previously existing immediately prior to the damage or destruction. Such reestablishment of the use shall require the issuance of a zoning certificate and shall be required to commence within 12 months of the damage or destruction. If the proposed use or development requires a development plan and/or a certificate of appropriateness in accordance with code, then such approvals shall be required for any reconstruction.
C. If any nonconforming use beyond a single-family detached building is damaged or destroyed to an extent greater than 50 percent of the principal structure's market value according to the Wayne County Auditor, such structure and use shall not be reestablished unless approved by the BZA through a use variance review (See Section 1105.11.)
(Ord. 2018-009. Passed 5-7-18.)