SECTION 32
NONCONFORMING USES
Subsections:
32.03 Prohibition Against Reuse/Discontinuance
32.01 Continued Use
A nonconforming use of land may be continued unless it is a danger to the public health and safety in which case it shall be unlawful to make such use of land, but if it shall be discontinued for a period of one year or more, any future use shall be in conformity with the provisions of this code.
32.02 Alterations
No structural alterations of a structure or building that is a nonconforming use shall be made unless they be required by code or law, or permitted under other provisions of this code. A nonconforming use, structure or building shall not be expanded in area nor increased in intensity except as expressly authorized by other provisions of this code. Notwithstanding any other provision of this code, it shall be unlawful to maintain any building, structure or use or land which violates any section or provision of the zoning code of the city of Litchfield Park.
In the event that the owner of a nonconforming structure or building, or structure devoted to a non-conforming use shall desire to make structural alterations therein, he shall make application for use permit approval to the board of adjustment for authorization to do so. The board may grant such application in conformity with the standards set forth in this code, or where different standards pertain in the particular vicinity by reason of continuing private deed restrictions, may take such alternative standards into consideration when rendering its decisions. Except that the board shall not authorize any of the following:
a. A change in the use to which the structure is devoted unless such use is more restrictive than the nonconforming use existing;
b. An increase in the size of a structure or building on property zoned for residential use where the structure or building is or would be used, in whole or in part, for a nonresidential purpose; or
c. An alteration to a nonconforming use or structure which contains substandard conditions affecting health, safety or welfare, unless such nonconformities are corrected to the satisfaction of the building department. (Ord. 04-91 § 1 (part))
32.03 Prohibition Against Reuse/Discontinuance
If at any time a structure devoted to a nonconforming use or a nonconforming use structure or building shall be destroyed by fire, explosion, act of God or act of the public enemy to the extent of fifty percent of its value, the right to use or devote such structure to the nonconforming use shall terminate, and future use of the structure shall be subject to the provisions of this code.
Nothing in this article shall authorize the continuance of the use of a structure, building or premises in violation of any provision of this code if such structure, building, or use is not a nonconforming use.
32.04 Special Circumstances
a. Continuance of Nonconforming Use of Land; Abandonment
The lawful use of land existing at the time of the passage of this code, although such does not conform to the provisions hereof for said land, may be continued, but if such non-conforming use is abandoned, and a non-conforming use discontinued for a period of three months is presumed abandoned, then any future use of said land shall be in conformity with the provisions of this code.
b. Continuance of Non-conforming Use of Building or Land; Change to Another Non-conforming Use
The lawful use of a building or land existing at the time of the passage of this code may be continued, although such use does not conform with the provisions of this code for such building or land and such use may be continued providing only reasonable repairs and alterations are made. If no structural alterations are made, a non-conforming use of a building or land may be changed to another non-conforming use of a building or land which is for the same or more restrictive classification, subject to a use permit. Whenever a non-conforming use of a building or land has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.
c. Non-conforming Use Created by Change in Zoning Code or District Boundaries
Whenever the use of building or land becomes non-conforming through a change in the zoning code or district boundaries, such use may be continued and, if no structural alterations are made, it may be changed to another non-conforming use of the same or of a more restrictive classification, subject to a use permit.
d. Abandonment of Non-conforming Use of Building or Land
In the event that a non-conforming use of any building is abandoned, and non-conforming use discontinued for a period of three months is presumed abandoned, then any future use of said building or land shall be in conformity with the provisions of this code.
e. Enlargement, Extension, Reconstruction or Structural Alteration of Building or Land
No existing building or land designed, arranged, or intended for or devoted to a use not permitted under the regulations of this code for the district in which such building or land is located shall be enlarged, extended, reconstructed, or structurally altered unless such building and such enlargement, extension, reconstruction, and structural alterations, and further use hereof conform in every respect with the regulations specified by this code for such district in which said building or land is located, provided nothing herein shall prohibit any reasonable repairs or alterations to a building or land used for such existing purposes.
f. Destruction of Non-conforming Building or Land
If at any time any building or land in existence or maintained at the time of the adoption of this code, which does not conform to the regulations for the district in which it is located shall be destroyed by fire, explosion, act of God or act of the public enemy to the extent of fifty percent of its value as determined by three competent appraisers, then and without further action by the council the said building and the land on which said building was located or maintained shall from and after the date of such destruction be subject to all the regulations specified by this code for the district in which such land and building are located.
g. Non-Conforming Side Yard Setbacks in Single-Family Residential Districts
The side yard setback requirements of this code shall not apply to lots where a single-family dwelling was lawfully constructed prior to July 1, 1988, and such lot and the dwelling thereon was subject to side yard setback requirements contained in a deed restriction, plat or similar document recorded prior to July 1, 1988. The side yard setback requirements shall be as set forth in such deed restriction, plat or similar document.
h. Use in Violation of Previous Zoning Regulations
Nothing in this code shall be interpreted as authorization for or approval of the continuance of the use of a building or land in violation of zoning regulations in effect at the time of the effective date of this code. (Ord. 11-162 § 1)