(A) General. Within the zoning districts established by this chapter, there exist the following which were legally established prior to the effective date of this chapter, but which would be prohibited, regulated or restricted under the provisions of this chapter:
(1) Non-conforming lots of record;
(2) Non-conforming buildings or structures;
(3) Non-conforming uses of land; and
(4) Non-conforming uses within non-conforming buildings or structures.
(B) Legally established non-conforming lots, buildings or structures.
(1) It is the intent of this chapter to permit these legally established non-conforming lots, buildings or structures to continue until the buildings or structures are structurally modified or removed, but not to encourage their survival. It is further the intent of this chapter that legally established non- conforming buildings and structures shall not:
(a) Be enlarged upon, expanded or extended; or
(b) Be used as grounds for adding other structures or uses which are otherwise prohibited in the same district.
(2) Upon structural modification, enlargement, expansion or extension of a non-conforming building or structure such building or structure and all uses shall be made to be compliant with this chapter and all other relevant ordinances and standards.
(C) Legally established non-conforming uses. It is the intent of this chapter to permit these legally established non-conforming uses to continue until the uses are modified, but not to encourage their survival. It is further the intent of this chapter that legally established non-conforming uses shall not be changed, revised or expanded for uses which are otherwise prohibited in the same district. Upon any change of a non-conforming use, such use shall be made to be compliant with this chapter and all other relevant ordinances and standards.
(D) Non-conforming lots, buildings, structures or uses not legally established. Non-conforming lots of record, non-conforming buildings or structures, non-conforming uses of land and non-conforming uses within non-conforming buildings or structures that are either illegal or not legally established on the effective date of this chapter shall not become legally established or validated by virtue of the enactment of this chapter.
(E) Incompatibility of non-conforming uses. Legally established non-conforming uses are declared by this chapter to be incompatible with permitted uses in the zoning district in which such legally established non-conforming uses are located. A legally established non-conforming use of a building or structure, or a legally established non-conforming use of land shall not be altered to another conforming use, extended, expanded or enlarged, nor shall additional signs for such legally established non- conforming use be erected on the lot, after the effective date of this chapter.
(F) Avoidance of undue hardship. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans for or construction of any building or structure, or the designation of use of any building or structure, for which an improvement location permit has been properly filed for or issued prior to the effective date of this chapter; provided that, the construction of such building or structure is commenced within six months of such effective date and diligently prosecuted to completion; and, provided further that, such construction shall be completed and a certificate of occupancy issued within two years of the issuance of said improvement location permit.
(G) Non-conforming lots of record. Any legally established lot recorded or any legally established platted lot recorded prior to the effective date of this chapter, having less than the required minimum lot area or minimum lot width required by the applicable zoning district regulations of this chapter, shall be deemed a permitted exception to such minimum lot area or minimum lot width and may be used for any use permitted within the applicable zoning districts in which such lot is located; provided that:
(1) All other development standards are met; and
(2) Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
(H) Non-conforming buildings or structures. Where a legally established non-conforming building or structure exists on the effective date of this chapter that could not be built under the terms of this chapter by reason of restrictions on: gross floor area; lot coverage; building height limitations; front, side and rear setbacks and yards; location on the lot; bulk; or other provisions of this chapter applicable to the building or structure, such building or structure may continue to exist so long as it remains otherwise lawful, subject to compliance with the following provisions:
(1) Such legally established non-conforming building or structure may not be enlarged, expanded or altered in a way which increases its non-conformity;
(2) Should such legally established non-conforming building or structure, or legally established non-conforming portion of a building or structure, be damaged or destroyed by any means to the extent of more than two-thirds of the gross floor area of the building or structure immediately prior to the damage or destruction, said building or structure shall not be reconstructed, except in conformity with the provisions of this chapters; and
(3) Should such building or structure be moved for any reason for any distance whatsoever, such building or structure shall thereafter conform to the provisions of this chapter.
(I) Non-conforming uses of land. Where legally established non-conforming uses of land exist on the effective date of this chapter which would not be permitted by the provisions of this chapter, such uses may be continued so long as they remain otherwise lawful; provided that:
(1) Such legally established non-conforming uses shall not be enlarged, expanded, increased or extended to occupy a greater area of land than was occupied on the effective date of this chapter;
(2) Such legally established non-conforming use shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses on the effective date of this chapter; and
(3) No additional building or structure shall be erected in connection with such legally established non-conforming use of land.
(J) Discontinuation of non-conformity. If any legally established non-conforming use of land is discontinued or abandoned for more than six months (except when government action impedes access to the premises), any subsequent use of such land shall conform to the provisions of this chapter.
(K) Legally established non-conforming uses within legally established non-conforming buildings or structures.
(1) If any legally established non-conforming use is located within a legally established non- conforming building or structure and such legally established non-conforming building or structure becomes unsafe or unlawful by reason of physical condition and is razed, the legally established non- conforming use previously being conducted in such legally established non-conforming building or structure shall be no longer permitted.
(2) If any legally established non-conforming use is located within a legally established non- conforming building or structure and such legally established non-conforming building or structure is damaged or destroyed by any means to the extent of more than two-thirds of the gross floor area of the building or structure immediately prior to the damage or destruction the legally established non- conforming use previously being conducted in such legally established non-conforming building or structure shall be extinguished and no longer permitted unless an application in compliance with the provisions of §§ 194.215 through 194.220 of this chapter is made for an improvement location permit within 180 days of such damage or destruction and an improvement location permit demonstrating compliance with the following regulations is issued pursuant to such application:
(a) The proposed redevelopment shall, to the maximum extent practical, comply with the development standards, including, but not limited to, lot coverage, off-street parking, off-street loading, lighting, landscaping, minimum yards or bufferyards, use of minimum yards and bufferyards, building setbacks, maximum building height, main floor area and outside storage and operations, applicable to the legally established non-conforming use in the district in which such use is first identified as a permitted use; and
(b) The gross floor area and the maximum building height devoted to the legally established non-conforming use shall not be increased, except as such increase is required to comply with other applicable federal, state or local regulations (i.e., minor enlargements to accommodate ADA Accessibility Guidelines or current Building Code).
(L) Repairs and maintenance.
(1) On any legally established non-conforming building or structure, or portion of a building or structure, work may be done on the repair or replacement of non-bearing walls, fixtures, wiring or plumbing; provided that, there is no increase in the gross floor area or cubic feet content existing when the building or structure, or portion of a building or structure containing a legally established non- conforming use became non-conforming.
(2) Nothing herein shall be deemed to prevent the strengthening, repairing or restoring to safe condition of any building or structure, or part thereof, declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(M) Non-conforming rural districts.
(1) At the time of the adoption of this chapter, some rural zoning districts may no longer be listed in this chapter.
(2) Unless otherwise noted, property zoned under these rural districts will continue to be zoned as such until such time as the property is rezoned to a conforming district.
(3) Non-conforming rural districts, their restrictions and permitted uses include:
(a) R5, High Density, Multi-Family Residential. Permitted uses include all uses currently permitted in the R4 and MF Districts by right, special exception and with development plan approval as listed;
(b) CR, Commercial Reserve. Uses in the underlying zoning districts of the CR District areas shall be in accordance with the current use table by right, special exception and with development plan approval as listed;
(c) SC, Shopping Center. Uses in the underlying zoning districts of the SC District areas shall be permitted in accordance with the current table by right, special exception and with the development plan approval as listed; and
(d) IR, Industrial Reserve. Uses in the underlying zoning district of the IR District areas shall be permitted in accordance with the table by right, special exception and with the development plan approval as listed. Industrial development currently permitted in the IR District would be permitted in this district only by special exception and with a minimum tract of 20 acres.
(Ord. 2000-16, passed 8-28-2000, § 1.19)