HomeMy WebLinkAbout2019-07-14-301.071
§301.7. Non-Conforming Use of Land, Non-Conforming Structures, and
Non-Conforming Use of Structures: Within the various districts established by this ordinance
or amendments that may later be adopted, there exist structures and uses of land and structures
which were lawful prior to the adoption of this ordinance but which would be prohibited,
regulated, or restricted under the provisions of this ordinance. It is the intent of this ordinance to
permit these non-conformities to continue until they are removed, but not to encourage their
survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the
districts involved.
A. Non-Conforming Use of Land, Use of Structures, and Structures in any
Residential District.
1. Non-Conforming Use of Land. The lawful use of land upon which no
building or structure is erected or constructed which becomes
non-conforming under the terms of this ordinance as adopted or amended
may be continued so long as it remains otherwise lawful, subject to the
following provisions:
a. No such non-conforming use 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 ordinance;
b. No such non-conforming 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 date of adoption or amendment of this
ordinance;
c. If any such non-conforming use of land ceases for any reason for a
period of more than thirty (30) days, any subsequent use of such
land shall conform to the district regulations for the district in
which such land is located.
2. Non-Conforming Use of Structures. If a lawful use of a structure, or of
a structure and land in combination, exists at the effective date of adoption
or amendment of this ordinance, that would not be allowed in the district
under the terms of this ordinance, the use may be continued so long as it
remains otherwise lawful, subject to the following provisions:
a. No existing structure devoted entirely or in part to a use not
permitted by this ordinance in the district in which it is located,
except when required by law, shall be enlarged, extended,
reconstructed, moved, or structurally altered, unless the use is
changed to a use permitted in the district in which such structure is
located;
2
b. Any non-conforming use may be extended throughout any parts of
a building which were manifestly arranged or designed for such use
at the time of adoption or amendment of this ordinance. No such
use shall be extended to occupy any land outside such building;
c. If no structural alterations are made, a non-conforming use of a
structure may be changed to another non-conforming use within
the same or a more restricted classification. Whenever a
non-conforming use has been changed to a more restricted use or to
a conforming use, such use shall not thereafter be changed to a less
restrictive use;
d. In the event that a non-conforming use of a structure, or structure
and land in combination, is discontinued or abandoned for a period
of two (2) years the use of the same shall thereafter conform to the
uses permitted in the district in which it is located. Where
non-conforming use status applies to a structure and land in
combination, removal or destruction of the structure shall eliminate
the non-conforming status of the land;
e. Any structure devoted to a use made non-conforming by this
ordinance that is destroyed by any means to an extent of sixty (60)
percent or more of its assessed value cost at the time of destruction,
exclusive of the foundations, shall not be reconstructed and used as
before such happening. If the structure be less than sixty (60)
percent destroyed above the foundation, it may be reconstructed
and used as before provided it be done within six (6) months of
such happening, and be built of like or similar materials.
3. Non-Conforming Structures. Where a structure exists at the effective
date of adoption or amendment of this ordinance that could not be built
under the terms of this ordinance by reason of restrictions on area, lot
coverage, height, yards, or other characteristics of the structure or its
location on the lot, such structure may be continued so long as it remains
otherwise lawful, subject to the following provisions:
a. No such structure may be enlarged or altered in a way which
increases its non-conformity;
b. Should such structure be destroyed by any means to an extent of
sixty (60) percent or more of its assessed value at time of
destruction, it shall not be reconstructed except in conformity with
the provisions of this ordinance.
3
B. Non-Conforming Use of Land, Use of Structures, and Structures in any
District other than a Residential District.
1. Non-Conforming Use of Land. The regulations described in subsection
301.7A(1), shall also apply to this subsection.
2. Non-Conforming Use of Structures. The regulations described in
subsection 301.7A(2), shall also apply to this subsection with the
following exception:
a. Any structure in any district other than a residential district devoted
to a use made non-conforming by this ordinance may be
structurally altered or enlarged in conformity with the lot area, lot
coverage, frontage, yard, height, and parking requirements of the
district in which located, provided such construction shall be
limited to buildings on land owned, of record, by the owner of the
land devoted to the non-conforming use prior to the effective date
of this ordinance. Such structural alteration or enlargement shall
not authorize the substitution of a non-conforming use that is less
restrictive than the one to which the structure was devoted at the
time of passage of this ordinance.
3. Non-Conforming Structures. The regulations described in subsection
301.7(A)(3), shall also apply to this subsection.
C. Required Repairs and Unauthorized Non-Conformities.
1. Nothing in this ordinance shall be deemed to prevent the restoring to a safe
condition of any building or part thereof declared to be unsafe by any
official charged with protecting the public safety, upon order of such
official.
2. Any use of land, use of structure, or structure, in existence at the time of
adoption of this ordinance which was not an authorized non-conformity
under any previous zoning ordinance or similar regulations shall not be
authorized to continue its non-conforming status pursuant to this ordinance
or amendments thereto.