Chapter 13-47. Nonconforming Uses, Structures and Signs

Sec. 13-47.100 Purposes.

The purposes of the nonconforming uses, structures and signs Chapter are to:

1. Limit the number and extent of nonconforming uses which were lawfully established and maintained prior to the adoption of this Zoning Ordinance, but which no longer conform with the zoning regulations, by prohibiting their enlargement and their re-establishment after abandonment and by prohibiting the alteration of the structures they occupy and their restoration after destruction.

2. Limit the number and extent of nonconforming structures by prohibiting their being moved, altered or enlarged increasing the discrepancy between existing conditions and the standards of the Zoning Ordinance and by prohibiting their restoration after destruction.

3. Limit the number and extent of nonconforming signs by prohibiting their being moved, altered or enlarged so as to increase the discrepancy between existing conditions and the standards of the Zoning Ordinance and by prohibiting their restoration after destruction.

4. To establish criteria permitting the use and maintenance of nonconforming uses, structures and signs with the ultimate goal of having uses, structures, and signs within the community conform to zoning regulations either through elimination or alteration. [Ord. 515 § 2, 2018; ZO § 47.100.]

Sec. 13-47.200 Continuation and Maintenance.

A use lawfully occupying a structure or a site on the effective date of the Zoning Ordinance or its amendments which does not conform with the use regulations for the district in which the use is located shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided in this Division.

A structure lawfully occupying a site on the effective date of the Zoning Ordinance or its amendments which does not conform with the standards of coverage, setbacks, FAR, height of structures, distances between structures or usable open space prescribed in the regulations for the district in which the structure is located shall be considered a legal nonconforming structure and may be used and maintained, except as otherwise provided in this Division.

Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, and on a nonconforming structure. Unsafe structures may be restored to a safe condition, except as otherwise provided in Section 13-47.600.

A sign lawfully displayed on the effective date of the Zoning Ordinance or its amendments which does not conform with the standards of size, location or illumination prescribed in the regulations for the district in which the sign is located shall be deemed to be a nonconforming sign and may be displayed and maintained, except as otherwise provided in this Chapter. [Ord. 515 § 2, 2018; ZO § 47.200.]

Sec. 13-47.300 Alterations and Additions to Nonconforming Uses.

No nonconforming use shall be expanded or extended in such a way as to displace any conforming use occupying a structure or site, or in such a way as to occupy any part of any structure or site which it did not occupy on the effective date of the ordinance which caused it to become a nonconforming use.

No structure, the use of which is nonconforming or partially nonconforming, shall be moved, altered or enlarged unless required by law, or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use. [Ord. 515 § 2, 2018; ZO § 47.300.]

Sec. 13-47.310 Alterations and Additions to Nonconforming Structures.

No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and standards of coverage, setbacks, FAR, height of structures, distances between structures or usable open space prescribed in the regulations for the district in which the structure is located. [Ord. 515 § 2, 2018; ZO § 47.310.]

Sec. 13-47.320 Alterations and Additions to Nonconforming Signs.

No nonconforming sign shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards of size, location or illumination prescribed in the regulations for the district in which the sign is located. [Ord. 515 § 2, 2018; ZO § 47.320.]

Sec. 13-47.400 Change of Use.

The nonconforming use of a structure or site shall not be changed to another nonconforming use. [Ord. 515 § 2, 2018; ZO § 47.400.]

Sec. 13-47.500 Abandonment of Nonconforming Use.

Whenever a nonconforming use has been abandoned, discontinued or changed to a conforming use for a continuous period of 6 months, the nonconforming use shall not be reestablished.

The use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located. [Ord. 515 § 2, 2018; ZO § 47.500.]

Sec. 13-47.600 Restoration of a Damaged Structure.

Whenever a structure, the use of which does not conform with the regulations for the district in which it is located, or a structure which does not comply with standards of coverage, setbacks, FAR, height of structures, distances between structures or usable open space prescribed in the regulations for the district in which the structure is located, is destroyed by fire or other calamity or by act of God to the extent of 50 percent or less, the structure may be restored up to its original size, placement and density and the nonconforming use may be resumed; provided, that restoration is started within 6 months and diligently pursued to completion.

Whenever a structure, the use of which does not conform with the regulations for the district in which it is located, or a structure which does not comply with the standards of coverage, setbacks, FAR, height of structures, distances between structures or usable open space prescribed in the regulations for the district in which it is located, shall be destroyed by fire or other calamity or by act of God to the extent of greater than 50 percent, or shall be voluntarily razed or shall be required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed.

The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction, to the estimated cost of duplicating the entire structure as it existed. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official. [Ord. 515 § 2, 2018; ZO § 47.600.]

Sec. 13-47.700 Elimination of Nonconforming Uses and Signs.

1. The following nonconforming uses and signs shall be discontinued and removed from their sites within 3 years from the effective date of the ordinance codified in this Title:

A. A nonconforming use which does not occupy a structure.

B. A nonconforming use occupying a structure having an assessed valuation of less than $500.00.

C. A nonconforming sign or outdoor advertising structure.

2. Uses permitted only in the commercial or industrial districts which are located in a residential district and uses permitted only in an industrial district which are located in a commercial district shall be discontinued and removed from their sites in not less than 5 years from the effective date of the ordinance codified in this Chapter.

3. A nonconforming wall, fence or hedge shall be removed or altered to comply with the district regulations within 6 months from the effective date of the ordinance codified in this Chapter. [Ord. 515 § 2, 2018; ZO § 47.700.]

Sec. 13-47.800 Elimination of Nonconforming Structures.

A structure having an assessed valuation of less than $500.00, which does not comply with the standards of coverage, setbacks, FAR, height of structures, distances between structures or usable open space prescribed in the regulations for the district in which the structure is located shall be removed from its site within 3 years from the effective date of the ordinance codified in this Title. However, if the structure is altered to comply with the above standards, this provision shall not apply. [Ord. 515 § 2, 2018; ZO § 47.800.]

Sec. 13-47.900 Time Use, Structure or Sign Becomes Nonconforming.

Whenever a use, structure or sign becomes nonconforming because of a change of zoning district boundaries or a change of regulations for the district in which the site is located, the period of time prescribed for the elimination of the use or the removal of the structure or sign shall be computed from the effective date of the change of district or regulations. [Ord. 515 § 2, 2018; ZO § 47.900.]