ARTICLE 6
GENERAL EXCEPTIONS
Section 6.01 Intent.
Existing lots, structures and uses that were lawful before this
Ordinance was adopted, but have become non-conforming under the
terms of this Ordinance and its amendments, are declared
"non-conforming" and not in violation of this Ordinance. It is the
intent of this Ordinance to permit those non-conforming uses or
structures to remain until they are discontinued or removed or,
where discontinuance or removal is not feasible, to gradually
upgrade non-conforming uses or structures to conforming status.
Non-conforming lots, structures and uses shall not be enlarged,
expanded, altered or extended except as otherwise permitted by law
and shall not be used as grounds for adding other structures and
uses.
Section 6.02 Non-Conforming or Sub-standard Lots.
A parcel or lot shall not be developed unless it is in compliance
with Section 4.19 Schedule of Regulations.
Section 6.03 Non-Conforming Uses.
- Except as otherwise permitted by law, non-conforming uses
shall not be enlarged, increased, altered, moved in whole or in
part, or extended to occupy a greater area of land than was
occupied at the effective date of adoption or amendment of this
Ordinance.
- If a non-conforming use ceases operation for a period of
more than six (6) months, it shall be deemed abandoned and any
subsequent use of that land shall conform to the regulations
specified by this Ordinance for the district in which the land
is located. If a non-conforming use is discontinued or changed
to a conforming use, any future use shall conform with this
ordinance and the original non-conforming use shall not be
resumed.
Section 6.04 Non-Conforming Structures or Buildings.
- Except as otherwise permitted by law, a non-conforming
structure, building, or section thereof shall not be enlarged,
extended, constructed, reconstructed, or altered in any way
except to make it comply with requirements of health and safety
laws or ordinances, or to make it a conforming building or
structure. The cost of this work shall not exceed fifty (50)
percent of the State Equalized Value of the building or
structure at the time the work is done. Should a non-conforming
building or structure be moved, it shall conform to the
requirements of the district to which it is relocated.
- Should a non-conforming building or structure, or section
thereof be destroyed by any means to an extent equal to or more
than one hundred (100) percent of State Equalized Value of the
building or structure at the time of destruction, it shall not
be reconstructed except in conformance with the provisions of
this Ordinance.
If the damage, exclusive of the foundation, is less than one
hundred (100) percent of State Equalized Value, then the
building, structure or section thereof may be restored, subject
to approval of the Plan Commission, but in no event shall there
be an increase in the non-conforming condition that existed
before the damage. Restoration shall be started within one year
of the date of the destruction and shall be diligently pursued
until completion.
No foundation or part thereof shall be reused unless it complies
with the Schedule of Regulations.
Where non-conforming status applies to a building or structure
and a use of land, in combination, the removal or destruction of
the structure shall eliminate the non-conforming status of the
land. In that event, the non-conforming use shall not be
resumed.
- On any non-conforming building or structure, the cost of
work done in any consecutive period of twelve (12) months to
perform ordinary repairs, or to repair or replace non-bearing
walls, fixtures, wiring, or plumbing shall not exceed fifty (50)
percent of the State Equalized Value of the building or
structure.
- If a non-conforming building or structure ceases operation
for a period of more than six (6) months, the building or
structure shall be upgraded to conform to the regulations
specified by this Ordinance for the district in which the
building or structure is located. Buildings or structures
occupied by seasonal uses shall be exempted from this provision
only as long as the seasonal use continues.
Section 6.05 Uses Allowed As Special Land Uses, Not
Non-Conforming Uses.
Any use pre-dating the adoption of this Ordinance for which
special land use or conditional approval would be required by the
provisions of this Ordinance shall not be deemed a non-conforming
use, but shall instead, without further action, be deemed a special
land use in that location.
Section 6.06 Change of Tenancy or Ownership.
There may be a change of tenancy, ownership, or management of any
existing non-conforming use, building or structure provided there is
no change in the nature or character of the non-conforming use,
building or structure except in conformance with the provisions of
this Ordinance.
Section 6.07 Record of Non-conforming Uses, Buildings and
Structures.
Within one year after the adoption of this Ordinance, the
Building Inspector shall prepare and maintain a record of all
non-conforming uses, buildings and structures existing at the time
this Ordinance is published.
Section 6.08 Removal of Non-conforming Uses, Buildings or
Structures.
The Plan Commission may, from time to time, recommend to City
Council the acquisition of non-conforming private property, and the
discontinuance of the non-conforming use, or the removal or upgrade
of the building or structure to make it conforming. Any action under
this section shall comply with all applicable federal and state
laws.
Section 6.09 Nuisance Abatement of Non-conforming Buildings,
Structures or Uses.
Buildings or structures erected, altered or converted to uses in
violation of this ordinance are declared to be a nuisance. The
nuisance shall be abated and the owner or agent in charge of the
use, building or structure shall be held responsible for maintaining
a nuisance.
Section 6.10 Forbidden Dwellings.
No residential dwellings shall be erected in any C, M, P or OS
Zoning District except as specifically allowed by this Ordinance.
