Arnold City Zoning Code
SECTION 405
070 Non-Conformities.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020]
A.
Intent.
1.
Within the districts established by this Chapter or amendments that may later be adopted there exist:
2.
It is the intent of this Chapter to permit these non-conformities to continue, except as delineated herein, until they are removed, cease operation, or damaged beyond fifty percent (50%), but not to encourage their survival. It is further the intent of this Chapter that non-conformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for additions, expansions of operations of the use, and/or adding other structures or uses prohibited elsewhere in the same district.
3.
Non-conforming uses are declared by this Chapter to be incompatible with permitted or, in some situations, conditional uses in the districts involved. A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of structure and land in combination shall not be enlarged upon, expanded, or extended, nor be used as grounds for additions, expansions of operations of the use, and/or adding other structures or uses prohibited elsewhere in the same district after passage of this Chapter by attachment on a building or lands of additional signs intended to be seen from off the lands, or by the addition of other uses, of a nature which would be prohibited generally in the district involved.
4.
To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Chapter and upon which actual building construction has been carried on diligently. "Actual construction" is hereby defined to include the planning of construction materials in permanent position and fastened in a permanent manner.
5.
The existence of any present non-conformity anywhere in the City shall not itself be considered grounds for the issuance of a variance for other property.
B.
Non-Conforming Lots Of Record. For purposes of this Chapter, the terms "single ownership" and "same ownership" shall be interchangeable, and shall refer to contiguous lots or parcels owned by single or multiple individuals, trusts, corporations, partnerships, or other parties of interest, and shall include contiguous lots or parcels owned by any combination of husband and/or wife, or other legal spousal relationships pursuant to State Statute.
1.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Chapter, notwithstanding limitations imposed by other provisions of this Chapter. Such lot must be in separate ownership and not of contiguous frontage with other lots in the same ownership; provided, however, that if the said lot is of record in a subdivision of record as of the passage of this Chapter and if said subdivision of record has constructed residences upon seventy percent (70%) or more of its platted lots of record, then single-family residences may be constructed on each of said platted lots as non-conforming lots of record. This provision shall apply even though such lot fails to meet the requirement for area or width, or both, that are generally applicable in the district, provided that yard and dimensions and requirements other than these applying to area or width, or both, of lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Adjustment.
2.
If two (2) or more lots or combination of lots and portions of lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this Chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Chapter, nor shall any division of any parcel be made which created a lot with width or area below the requirements stated in this Chapter; provided, however, that if the said lots or combinations of lots and portions of lots with contiguous frontage in single ownership are of record in a subdivision of record as of the passage of this Chapter and if said subdivision of record has constructed residences upon seventy percent (70%) or more of its platted lots of record, then platted lots in said subdivision shall be one (1) lot and not an undivided parcel.
C.
Non-Conforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, lot coverage, height, yard, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
1.
No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.
2.
Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Chapter.
3.
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulation for the district in which it is located after it is moved.
4.
Pre-existing Single-Family, Two-Family, Three-Family, Four-Family, and Multi-Family Dwelling structures that do not meet the regulations contained in this Chapter, including but not limited to Section 405.160, Building and Site Design Standards, shall be non-conforming structures, and subject to Section 405.070(C)(1-3) and the following provisions:
[Ord. No. 7.49 (2830), 7-21-2022]
a.
Any non-conforming single-family detached residence that is destroyed by an act of God or other non-negligent unintentional cause may be rebuilt as it existed prior to its destruction subject to the adopted Building Code and Federal and State requirements.
b.
The expansion of any non-conforming Single-Family, Two-Family, Three-Family, Four-Family, or Multi-Family residence shall require approval by the Board of Adjustment, except that the addition of non-living spaces such as open porches, screened porches, porticos, decks, and balconies, shall be permitted subject to the respective district's yard setback requirements.
D.
Non-Conforming Uses Of Structures, Land, Or Structures And Lands In Combination. If lawful use involving individual structures with a replacement cost of ten thousand dollars ($10,000.00) or more, or of structure and lands in combination, exists at the effective date of adoption or amendment of this Chapter, that would not be allowed in the district under the terms of this Chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
1.
No such non-conforming use shall be enlarged, expanded or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Chapter.
2.
No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Chapter.
3.
If any such non-conforming use of a structure, land or structure and land in combination ceases for any reason for a period of more than sixty (60) days (except when government action impeded access to the lands), any subsequent use of such structure, land or structure and land in combination shall conform to the regulations specified by this Chapter for the district in which such structure, land or structure and land in combination is located.
4.
No additional structure or structures shall be erected in connection with such non-conforming use of land.
5.
No existing structure devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
6.
If no structural alterations are made, any non-conforming use of a structure, land or structure and lands may as a special exception be changed to another non-conforming use, provided that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this Chapter.
7.
Any structure, land or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed.
8.
Where non-conforming use status applies to a structure, land or structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. "Destruction," for the purpose of this Subsection, is defined as damage to an extent of more than fifty percent (50%) of the replacement cost at time of destruction.
E.
Repairs And Maintenance.
1.
On any non-conforming structure or portion of a structure containing a non-conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten percent (10%) of the current replacement cost of the non-conforming structure or non-conforming portion of the structure, as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased.
2.
If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conforming with the regulations of the district in which it is located.
3.
Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
F.
Non-Conforming Uses Which Otherwise Require A Conditional Use Permit. Any use which is permitted with a conditional use permit in a district under the terms of this Chapter (other than a change through Board of Adjustment action from a non-conforming use to another use not generally permitted in the district) shall be deemed a non-conforming use in such district, and will be permitted to continue under the terms for non-conforming uses or until such time as a conditional use permit has been granted by the City under the terms contained in Section 405.080, Conditional Uses.
G.
Non-Conforming Manufactured Home Parks And Non-Conforming Manufactured Homes. All non-conforming manufactured home parks and other non-conforming manufactured homes lawfully existing at the effective date of the adoption of this Chapter that would not be allowed in the zoning district or under the terms of this Chapter may be continued so long as they remain otherwise lawful, subject to the following special provisions:
[Ord. No. 14.562 (Bill No. 2848), 1-19-2023]
1.
Non-Conforming Manufactured Home Parks Within "MHD" Manufactured Home Districts. Manufactured home parks located in "MHD" Manufactured Home Districts that are non-conforming due to lot size, setback, or other such characteristics shall be subject to the following special provisions:
a.
Shall not be expanded or modified except in conformance with the guidelines of the "MHD" Manufactured Home District.
b.
Non-conforming manufactured home parks or parts thereof that are made to conform with the regulations of the "MHD" Manufactured Home District shall thereafter be required to conform and shall not be altered to create a non-conforming use.
c.
Any non-conforming manufactured home park destroyed by any means to an extent of more than fifty percent (50%) of its reconstruction cost at the time of destruction, including streets, pads and utilities, shall not be reconstructed except in conformance with the provisions of the "MHD" Manufactured Home District.
d.
Notwithstanding other provisions of the "MHD" Manufactured Home District regulations to the contrary, manufactured home parks that are located within "MHD" Manufactured Home Districts that existed at the time of adoption of this Chapter shall meet the following minimum requirements:
(1)
Manufactured homes shall not be located closer than ten (10) feet to any street right-of-way, road easement, or street that is located within the boundaries of the manufactured home park. No manufactured home shall be located closer than twenty (20) feet to any street right-of-way or road easement that is located outside the boundaries of the manufactured home park.
(2)
Manufactured home pads may not be expanded, and larger manufactured homes may not be placed in the manufactured home park.
(3)
Manufactured homes shall be located so that there is a clear space of not less than fifteen (15) feet between it and any other manufactured home, building, or structure of any kind, except storage sheds not exceeding ten (10) feet by ten (10) feet in dimension or any required fencing. Any deck, carport, patio cover, or other appurtenance that is constructed of combustible material shall be considered to be a part of the manufactured home and shall not be located closer than fifteen (15) feet to any other manufactured home, building, or structure of any kind.
(4)
For the purposes of this Chapter, the above setback provisions shall be applied without regard to any internal side or rear property lines for lots that are platted within the manufactured home park.
e.
Any non-conforming manufactured home park within an "MHD" Manufactured Home District that ceases operation for a period of sixty (60) days, for any reason (except when government action impeded access to the lands), any subsequent reopening of the manufactured home park shall only be permitted when such operation is in full conformance with the regulations for "MHD" Manufactured Home Districts; provided, that in addition to its normal usage and meaning and for the purposes of this Chapter, a manufactured home park is deemed to be not operating if any required City license or renewed license is not obtained or in effect within sixty (60) days after the licensee is notified, in writing, by the City to obtain or renew the license. Failing the reopening of the park in full conformance with the regulations for "MHD" Manufactured Home Districts, all manufactured homes shall be removed from the premises in their entirety, to include the removal of all appurtenances and accessory structures, including, but not limited to, pads, utility service lines, sheds, drives, parking areas, etc.
2.
Non-Conforming Manufactured Home Parks Not Located In A "MHD" Manufactured Home District. All manufactured home parks that are not located within "MHD" Manufactured Home Districts are considered as non-conforming uses and as such are subject to the following special provisions:
a.
All manufactured home parks or parts of manufactured home parks that are not located within "MHD" Manufactured Home Districts are prohibited from expanding upon the non-conforming use by adding additional pads, lots, or other facilities to enable the placement of additional manufactured homes.
b.
Notwithstanding other provisions of this Chapter to the contrary, manufactured home parks that are not located within "MHD" Manufactured Home Districts that existed at the time of adoption of this Chapter shall meet the following minimum requirements:
(1)
Manufactured homes shall not be located closer than ten (10) feet to any street right-of-way, road easement, or road that is located within the boundaries of the manufactured home park. No manufactured home shall be located closer than twenty (20) feet to any street right-of-way or road easement that is located outside the boundaries of the manufactured home park.
(2)
Manufactured home pads may not be expanded, and larger manufactured homes may not be placed in the manufactured home park.
(3)
Manufactured homes shall be located so that there is a clear space of not less than fifteen (15) feet between it and any other manufactured home, building, or structure of any kind, except storage sheds not exceeding ten (10) feet by ten (10) feet in dimension or any required fencing. Any deck, carport, patio cover, or other appurtenance that is constructed of combustible material shall be considered as a part of the manufactured home and shall not be located closer than fifteen (15) feet to any other manufactured home, building, or structure of any kind.
(4)
For the purposes of this Chapter, the above setback provisions shall be applied without regard to any internal side or rear property lines for lots that are platted within the manufactured home park.
c.
A non-conforming manufactured home park destroyed by any means to an extent of more than fifty percent (50%) of its reconstruction cost at the time of its destruction, to include streets, pads, and utilities, shall not be reconstructed.
d.
Any non-conforming manufactured home park not located in an "MHD" Manufactured Home District that ceases legal operation for sixty (60) days, for any reason (except when government action impeded access to the lands), shall be deemed abandoned; provided, that in addition to its normal usage and meaning and for the purposes of this Chapter, a manufactured home park is deemed to be not operating if any required City license or renewed license is not obtained or in effect within sixty (60) days after the licensee is notified, in writing, by the City to obtain or renew the license; and shall not be used thereafter as a manufactured home park; and all manufactured homes, appurtenances, including, but not limited to, pads, utility service lines, sheds, etc., shall be removed.
3.
Non-Conforming Manufactured Homes Not Located Within Manufactured Home Parks. All manufactured homes lawfully existing at the date of the adoption and approval of this Chapter that are not located within manufactured home parks or "MHD" Manufactured Home Districts are considered as non-conforming uses and as such are subject to the following special provisions:
a.
Manufactured homes which are not located in a manufactured home park existing on the effective date of this Chapter may not be replaced with another manufactured home; and
b.
Manufactured homes which are not located in a manufactured home park existing on the effective date of this Chapter may only be repaired or renovated as permitted in Section 405.070(E), Repairs and Maintenance.
c.
Manufactured homes, which are not located in a manufactured home park existing on the effective date of this Chapter, shall not be moved for any reason for any distance whatsoever except for their removal.
d.
Manufactured homes, which are not located in a manufactured home park existing on the effective date of this Chapter that cease to be legally occupied for sixty (60) days, for any reason, shall be deemed abandoned; and shall be removed from the premises in their entirety, to include the removal of all appurtenances and accessory structures, including, but not limited to, pads, utility service lines, sheds, drives, parking areas, etc.
H.
Termination And Removal Of Non-Conforming Use.
1.
The period of time during which the following non-conforming uses of buildings, structures or land may continue or remain shall be limited to two (2) years from the effective date of the original ordinance, or for two (2) years from any amendment thereto which causes the use to be non-conforming. Every such non-conforming use shall be completely removed from the premises at the expiration of the two-year period. Those uses to which the above applies are as follows:
a.
Any non-conforming building or structure having a fair cash market value not in excess of one thousand dollars ($1,000.00) on the effective date of this Chapter.
b.
Any of the following non-conforming structures, vehicles or other outdoor equipment, which are not attached to a building and existed lawfully on the effective date of this Chapter:
(1)
Non-conforming signs;
(2)
Billboards;
(3)
Outdoor advertising structures; and
(4)
Commercial vehicles, recreational vehicles, panel vans, semi-trailer, railroad boxcars, intermodal shipping containers, CONEX boxes, ISO containers, etc., being utilized for the purpose of storage or as storage buildings, except as expressly allowed in the Zoning Ordinance.
c.
Any non-conforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building other than automobile wrecking yards and junk yards. However, public or private off-street parking lots lawfully established prior to the effective date of this Chapter shall not be affected by this provision.
2.
No junk or automobile salvage yard shall be operated or maintained for more than thirty-six (36) months after a zoning change to a use district within which such use is not permitted, except that in an "M-3" Limited Manufacturing District, the City Council may permit, for a specified time, the continued use of an area containing a junk or automobile salvage yard, provided that a six-foot-high masonry wall or durable, decorative, sightproof fence be constructed around such areas.
3.
Pre-existing, non-conforming unpaved driveways shall be brought into full compliance with paving requirements when:
[Ord. No. 7.48 (2825), 5-19-2022]