§ 62.106. Nonconforming uses of structures, or structures and land in combination.  


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  • Nonconforming uses of structures, or structures and land in combination, are subject to the following regulations:

    (a)

    Legal nonconforming use of structures, or structures and land in combination, may continue, including through repair, replacement, restoration, maintenance, and improvement of structures, unless the nonconformity is discontinued for a period of more than one (1) year.

    (b)

    A legal nonconforming use may be changed to a use permitted in the district in which it is located or to a new nonconforming use if the new nonconforming use is listed on the same line of the use tables in Chapter 66 as the most recent nonconforming use. A legal nonconforming use may be changed to a use permitted in the district in which the most recent nonconforming use is first allowed, or a principal use permitted in a district that is more restrictive than the district in which the most recent nonconforming use is first allowed, provided the planning commission approves a permit for the change as set forth in section 62.109(c).

    (c)

    The number of legal nonconforming uses on a zoning lot shall not be increased unless the planning commission approves a change of nonconforming use permit as set forth in section 62.109(c).

    (d)

    When a nonconforming use changes to a use permitted in the district in which the property is located, a nonconforming use may not thereafter be resumed. When a nonconforming use changes to a use first permitted in a more restrictive district, nonconforming uses first permitted in less restrictive districts shall not thereafter be resumed.

    (e)

    A legal nonconforming residential use may be extended throughout any parts of a residential structure provided that no additional units are added , but it shall not be expanded to occupy any land or a larger area of land outside the structure, unless the planning commission approves a permit for the expansion as set forth in section 62.109(d).

    (f)

    A nonconforming use shall not be moved to a new location on the zoning lot or expanded in any way, including increased cubic content, unless the planning commission approves a permit for the expansion or relocation as set forth in section 62.109(d).

    (g)

    Any replacement of equipment shall not result in an increase in noise, vibration, glare, dust, or smoke.

    (h)

    When a legal nonconforming use is discontinued or ceases to exist for a continuous period of more than one (1) year, the building, or building and land in combination, shall thereafter be used in conformance with the regulations of the district in which it is located, unless the planning commission approves a permit to reestablish the nonconforming use as set forth in section 62.109(e). A residential building vacant for more than one (1) year may be re-established at the number of units for which it was originally constructed provided that it has not been physically converted to a fewer number of units. If the building has been converted to fewer units, the use may be re-established up to the reduced number of units. The zoning administrator shall determine the number of units at the time of original construction by any of the following methods: an onsite inspection, building permit records, county assessor records, or similar public records. If the original number of units cannot be clearly established by the zoning administrator, the process for reestablishment of a nonconforming use in section 62.109(e) shall be followed.

    (i)

    When a structure containing a nonconforming use is removed or destroyed by any means, including by fire or other peril, to the extent of more than fifty (50) percent of its estimated market value as indicated in the records of the county assessor at the time of the destruction, and no building permit for repair or replacement of the structure has been applied for within one hundred eighty (180) days of the time of the removal or damage, it shall not be reconstructed except in conformity with the provisions of this code.

    (j)

    Accessory off-street parking spaces or garages may be constructed on the site of a nonconforming use, so long as they comply with the requirements of articles 63.200, 63.300, 63.500 and 65.900 and the setbacks required in the district where the use is first permitted.

    (k)

    Any nonconforming residential use with four (4) or fewer dwelling units, may construct an accessory building other than a garage provided the building complies with the requirements for accessory buildings and uses in articles 63.500 and 65.900. For all other nonconforming uses, an accessory building shall be considered an expansion of the nonconforming use and may be constructed provided it complies with articles 63.500 and 65.900 and the planning commission approves a permit for the expansion as provided in subsection 62.109(d).

    (l)

    In any RM3, T4, OS, B1, B2, B3, I1, or VP district, nonconforming residential uses may be expanded, or reconstructed provided that in the B1, B2, B3, I1, and VP districts no additional dwelling units are added on the lot. Any business operated out of a residence must meet all home occupation standards. Expansion or reconstruction of nonconforming residential uses in these districts shall meet the T2 height and minimum yard setback requirements for the use and the requirements for off-street parking in article 63.200.

    (m)

    In RL—R4 districts, existing legal nonconforming two-family residential uses may be expanded. The expansion must meet the yard setbacks and the percentage of lot coverage requirements of the zoning district in which located or the RT1 district, whichever is greater; the height limit of the district in which located; and the requirements for off-street parking in article 63.200.

    (n)

    In any residential district, existing commercial greenhouses may be expanded, or altered. The greenhouses must meet the height, yard setbacks, and percentage of lot coverage of section 66.230, residential district density and dimensional standards, for the district in which they are located and the requirements for off-street parking, article 63.200.

    (o)

    Existing auto body shops located in zones other than industrial zones shall be considered, for purposes of changes in nonconforming uses, as B3 uses. Auto body shops that are legally nonconforming in T2-T4 and B3 zoning districts may expand even though they are not permitted uses in these zoning districts. Auto service stations in T2, T3 and B2 zoning districts which remove their gas tanks and pumps will be regarded as legal nonconforming auto repair stations. Auto repair stations and auto specialty stores that are legally nonconforming in T2-T4 zoning districts may expand even though they are not permitted uses in these zoning districts.

    (p)

    Existing gun shops that are legally nonconforming, and are not pawn shops, shall be considered, for purposes of changes in nonconforming uses, as permitted uses and may expand even though gun shops are not permitted uses in the district, provided that the amount of floor area devoted to the display and sale of firearms is not increased and that any new public entrance is not located within one thousand (1,000) radial feet of any "protected use," as defined in section 65.520(a) of this Code.

    (q)

    Existing municipal yard waste sites that are legally nonconforming in the IT transitional industrial district may expand as a conditional use under the provision of sections 61.501—61.504 and section 65.331 even though new municipal yard waste sites are not permitted in the IT transitional industrial district.

(C.F. No. 06-120, § 1, 2-22-06; Ord. No. 11-27, § 1, 4-20-11; Ord 12-71, § 2, 12-12-12; Ord 13-22, § 2, 8-21-13)