Avondale City Zoning Code
ARTICLE XVIII
Nonconforming Uses, Structures, and Lots
§ 430-126 Nonconforming uses.
A.
Continuation. Any lawful use of a building or land existing at the effective date of this chapter, or previously authorized by a permit issued prior to the effective date of this chapter, may be continued although such use no longer conforms to the provisions of this chapter.
B.
Expansion. A building that contains a nonconforming use or freestanding nonconforming use may be extended up to 50% of the area occupied by such use at the effective date of this chapter, provided that such nonconforming use may be extended more than 50% when authorized as a special exception.
C.
Changes in use.
(1)
A nonconforming use of a building or land may be changed to a nonconforming use of the same or similar character, or a use more in conformity with the permitted uses of the district, provided no structural alterations are made therein.
(2)
Where a structural change is proposed, the proposal is required to obtain special exception authorization from the Zoning Hearing Board.
(3)
Whenever a nonconforming use of a building or land has been changed to a nonconforming use of the same or similar character, a use more in conformity with the permitted uses of the district, or to a conforming use, such use shall not thereafter be changed to a less conforming use.
D.
Abandonment. If a nonconforming use of a building or lot ceases for a continuous period of one year or more any subsequent use of such building or land shall be in conformity with the provisions of this chapter.
§ 430-127 Nonconforming buildings and structures.
A.
Continuation. Except as otherwise provided in this chapter, any nonconforming building or structure in existence at the time of adoption of this chapter or permitted through the issuance of a building permit prior to adoption of this chapter, may be continued in accordance with the provisions of this chapter.
B.
Extension or enlargement. Any extension or enlargement shall require approval by the Zoning Hearing Board as a special exception and shall not further violate any area, yard, or height regulations which are not met by the existing nonconforming building or structure.
C.
Restoration. A nonconforming building wholly or partially destroyed by fire, explosion, flood, or other phenomenon, or legally condemned may be reconstructed and used for the same conforming or nonconforming use, provided that:
(1)
The reconstructed building shall not exceed the prior nonconformities as to height, area, or volume of the building destroyed or condemned.
(2)
Building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.
§ 430-128 Nonconforming lots.
A building may be erected or altered on any lot held at the effective date of this chapter in single and separate ownership which is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which such lot is situated, in compliance with the following:
A.
The use of the lot complies with the regulations of the district in which the lot is located.
B.
The building complies with area and bulk regulations for the district in which the lot is located, and a special exception is authorized.
C.
In the event the applicant owns adjacent property sufficient to enable him to comply with the provisions of this chapter, such property or portions thereof shall be combined prior to the erection or alteration of a building or structure in order to permit full compliance.
§ 430-129 Reduction of lot.
No lot shall be so reduced that the area of the lot or subsequent lots, or the dimensions of the open spaces, shall be smaller than prescribed by the regulations of this chapter.
§ 430-130 Public utility corporations.
This chapter shall not apply to any existing or proposed building, or extensions thereof, used or to be used by public utility corporations, if, upon petition of the corporation, the Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.