Chapter 18.220
LEGAL NONCONFORMING USES

Sections:

18.220.010    Purpose – Intent.

18.220.020    Continuance of nonconforming uses.

18.220.030    Destruction of structures.

18.220.040    Use discontinued.

18.220.050    Reconstruction – Alteration – Enlargement.

18.220.010 Purpose – Intent.

The purpose of this chapter is to identify and describe the legal requirements and specific conditions with respect to the use of land and/or structures which existed as legal nonconforming uses prior to the date of the adoption of these regulations and which did not comply with then-existing regulations of their assigned district. (Code 1995 § 48-28.00.)

18.220.020 Continuance of nonconforming uses.

The legal nonconforming use of any land and/or structure that existed at the time of adoption of this zoning ordinance, may be continued, although such use does not conform with the provisions hereof; provided, no structural alterations, except as may be required or authorized by law or ordinance, are made hereafter. A nonconforming use may be changed to another nonconforming use of the same or more restricted classification as determined by the code enforcement director of the city of Topeka or the Shawnee County zoning administrator, as applicable. A change in the district map shall not affect the status of a nonconforming use except in such case when the change brings the use into conformity. Whenever a nonconforming use has been changed or converted to a more restricted use or to a conforming use, such use shall not thereafter be changed or converted to a lesser restricted use. (Code 1995 § 48-28.01.)

    Cross References: Development services division, Chapter 2.30 TMC.

18.220.030 Destruction of structures.

No building or structure which has been damaged by fire, explosion, act of God or the public enemy, to the extent of more than 50 percent of its fair market value, shall be restored except in conformity with the regulations of this zoning ordinance. (Code 1995 § 48-28.02.)

18.220.040 Use discontinued.

Upon the discontinuance of any nonconforming building, structure or land for a period of one year, the use thereof shall thereafter conform to the regulations of the district in which it is located. (Code 1995 § 48-28.03.)

18.220.050 Reconstruction – Alteration – Enlargement.

No existing building, structure or premises devoted to a use not permitted by existing zoning regulations in the district in which such building or premises is located, except when required to do so by law or ordinance, shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to one permitted in the district in which such building or premises is located, or an exception has been granted by the board of zoning appeals. (Code 1995 § 48-28.04.)

    Cross References: Board of zoning appeals, Chapter 2.120 TMC.