Any territory hereafter annexed to the City of Birmingham shall continue to be subject to the county, town or city zoning district classifications and regulations as such territory was subject to at the time of annexation. Said zoning classifications and regulations shall be enforced by the City of Birmingham, as if such classifications and regulations were its own, until initial zoning is placed on the territory by the city or until the territory is successfully rezoned by a person(s) or organization having standing to do so. If the territory is not zoned by any county, town or city classifications or regulations at the time of annexation into the City of Birmingham, the department of planning, engineering and permits shall move to initially zone the territory to a City of Birmingham classification within a reasonable time, not to exceed 90 days.

The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentrations of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. The regulations have also been made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of building and encouraging the most appropriate use of land throughout the city.

In order to carry out the intent and purpose of this ordinance, the City of Birmingham is hereby divided into the following districts; the location, boundaries, and area of which are and shall be as shown and depicted upon the zone map.

The map hereto attached which is identified by the title "Zoning District Map, Birmingham, Alabama," and which, together with the legends, words, figures, symbols and explanatory matter thereon, is hereby declared to be a part of this ordinance, and shall be known as the "zone map" throughout this ordinance.

(Ord. No. 90-130, 5-15-1990; Ord. No. 1888-G, 5-11-2010)

Editor's note— The zone map as described in the above section is not set out herein, but is on file, together with all amendments thereto, in the office of the city clerk and the zoning office of the department of planning, engineering and permits.

The district boundary lines on said map are intended to follow either streets or alleys or lot lines, and where the districts designated on said map are bounded approximately by such streets, alleys or lot lines, the center line of the street or alley or the lot lines shall be the boundary of the district unless such boundary is otherwise indicated on the map. In all other cases, the district boundary lines shall be determined by use of the scale appearing on the zone map.

No land shall be used except for a use permitted in the district in which it is located, except as provided in articles VI and VIII and on page xiii (nonconforming uses).

No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or structure be used, except for a use permitted in the district in which such building is located, except as provided in articles VI and VIII and on page xiii (nonconforming uses).

No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered to exceed the height limit herein established for the district in which such structure is located, except as provided in article VI but not to exceed the height limit established by article VI, section 13.

No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered except in conformity with the dimensional regulations of the district in which such structure is located, except as provided in article VI.

The minimum yards, parking spaces, and open spaces, required by this ordinance for each structure existing at the time of passage of this ordinance, or for any structure hereafter erected or structurally altered, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other structure, nor shall any lot area be reduced below the lot area per family requirements of this ordinance for the district in which such lot is located, except as provided in articles VI and VIII.

No building shall be erected, converted, enlarged, reconstructed or moved except in conformity with the off-street parking and loading regulations of articles V and VIII.

Every building hereafter erected, converted, enlarged, reconstructed, moved or structurally altered shall be located on a lot as herein defined, except as provided in articles VI and VII.

No accessory structure shall be constructed or moved upon a lot until the construction of the main building has actually been commenced.

No accessory building shall be used for dwelling purposes other than by domestic servants entirely employed on the premises.

Except as provided in article VI, there shall not be more than one main building hereafter erected on one lot.

No structure shall be erected, structurally altered, or used as a single-family or two-family dwelling simultaneously with any other use, except to allow a residence unit for a watchman, custodian or caretaker employed on the premises in commercial or industrial districts and as permitted in the B-1 Neighborhood Business, B-2 General Business, B-3 Community Business, B-4 Central Business, and B-6 Health and Institutional District.

No clearing, earthwork or other land disturbing activity shall be undertaken prior to all appropriate permits having been issued by the department of planning, engineering and permits in accordance with the Soil Erosion and Sediment Control Ordinance (Ord. No. 88-148). No excavation for foundations, nor any erection, or structural alteration of any structure shall be undertaken prior to appropriate permits having been issued by the department of planning, engineering and permits.

Building materials or temporary structures for construction purposes shall not be placed or stored on any lot or parcel of land located in a residential or business zone district before appropriate building permits have been issued by the department of planning, engineering and permits.

No lot shall be graded or cleared, nor shall the earth contained in the lot be altered before appropriate permits concerning grading and sedimentation control have been issued by the department of planning, engineering and permits.

For the purpose of this ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and plural the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.

1.

Accessory structure or use. A subordinate structure or a portion of the main structure, the use of which is incidental to the main use of the premises. An accessory use is one which is incidental to the main use of the premises.

2.

Alley. A public thoroughfare which affords only a secondary means of access to abutting property.

3.

Amortization. The process by which nonconforming uses and structures must be discontinued or made to conform to requirements of the zoning ordinance at the end of a specified period of time.

3.5.

Amusement (indoor). The provision of entertainment or games of skill to the general public and that is wholly enclosed in a building, such as bowling alleys, roller-skating or ice-skating, billiards and pool halls, motion picture theaters, and similar types of amusement operations.

3.6.

Amusement (outdoor). The provision of entertainment or games of skill to the general public where any portion of the activity takes place outside of a building, such as a golf driving range, archery range, miniature golf course, or similar types of amusement operations. This use does not include a stadium, automotive or other types of race track, vehicular-related activities or similar or related activities, or any uses listed within the Planned Recreational District (PRD) zoning classification.

4.

Apartment building. See Dwelling, multiple.

5.

Basement. A story having a part but not more than one half of its height below grade. A basement is counted as a story for the purpose of height regulations.

6.

Billboard. Any sign used as an outdoor display for the purpose of making anything known, the matter advertised or displayed being remote from its origin or point of sale.

7.

Building. Any structure having a roof supported by columns or walls designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind.

8.

Building, height of. The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height between eaves and ridge for gable, hip and gambrel roofs.

9.

Buffer. An area established to protect one type of land use from incompatible characteristics of another.

10.

Cellar. That portion of a building between floor and ceiling which is wholly or partly below grade, and having more than one-half of its height below grade. A cellar is not counted as a story for the purpose of height regulations.

11.

Clinic. A building or a portion of a building where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing together.

12.

Club, private. A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit nor to render a service which is customarily carried on as a business.

12.5.

Cold frame. An unheated outdoor structure with a glass or clear plastic top, that protects seedlings and plants from the cold.

13.

Communal living facility. The following buildings or structures in which four or more unrelated persons reside, in any dwelling unit. These types of facilities must not be closer than 1,000 feet from another communal living facility. Communal living facilities are not meant to include child foster care facilities nor facilities housing the mentally handicapped or mentally ill, where there are no more than ten such people plus two unrelated persons to either the occupants of the facility or to each other. (Code of Ala. 1975, § 11-52-75.1 and Zoning Board of Adjustment Case No. 84-95.)

a.

Adult foster care homes. Foster care homes are for four or more unrelated adults who are in need of residential care in a family setting but are not to include people in need of institutional care. These adults are unable to live in their own homes because of physical, mental or emotional limitations and cannot live with their families because of distance, ill health or estrangement, or family's inability to provide adequate care.

b.

Boardinghouse. A dwelling other than a hotel, where for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for four or more persons.

c.

Domiciliary care facility. Homes for the aged, intermediate institutions, and related institutions, whose primary purpose is to furnish room, board, laundry, personal care, and other nonmedical services, regardless of what it may be named or called, for not less than 24 hours in any week, to four or more individuals not related by blood or marriage to the owner and/or administrator. This kind of care implies sheltered protection and a supervised environment for persons, who because of age or disabilities, are incapable of living independently in their own homes or a commercial room and board situation, yet who do not require the medical and nursing services provided in a nursing home. In these facilities, there might be available temporarily and incidentally the same type of limited medical attention as an individual would receive if he were living in his own home.

d.

Fraternity. A home for four or more unrelated male students who are members of a social organization except those located on college campuses.

e.

Maternity facility. An institution operated solely for the care and treatment of women during pregnancy, delivery, and/or within ten days subsequent to delivery. The term shall include any individual or institution providing such services within a period of one year to one or more women not related by blood or marriage to persons living in or operating such building or institution.

f.

Nursing home. A home for the aged or infirm in which four or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics or similar establishments devoted primarily to the diagnosis and treatment of the sick or injured.

g.

Roominghouse. A building other than a hotel where lodging for four or more persons not of the immediate family is provided for definite periods and for compensation and by prearrangement for definite periods.

h.

Sorority. A home for four or more unrelated female students who are members of a social organization except those located on college campuses.

i.

Transitional home. Any dwelling or similar facility operated for the provision of room and board in the rehabilitation, resocialization and/or adjustment of four or more individuals, patients or clients, excluding jails, prisons, and other correctional institutions.

j.

Other similar buildings, facilities, homes or structures. Any home or facility similar in function to those listed above shall be deemed a communal living facility.

13.5.

Community garden. A property that an individual, group of individuals or organization is utilizing for teaching/education or cultivation and harvesting, for useful and productive purposes, food crops and/or ornamental crops for personal use, donation or sale.

14.

Condominium. A single real property parcel with all the unit owners having a right in common to use the common elements with separate ownership confined to the individual units.

15.

District. A section or sections of the City of Birmingham for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

16.

Dwelling. Any building or portion thereof which is used for residential purposes.

17.

Dwelling, single-family. A building designed for or occupied exclusively by one family.

18.

Dwelling, single-family detached. A building that is not connected to another primary structure and designed for or occupied exclusively by one family.

19.

Dwelling, single-family attached. A building on its own recorded lot connected to another primary structure and designed for, or occupied exclusively by one family, that is attached by a common wall to more than one like building.

20.

Dwelling, single-family semi-attached. A building on its own recorded lot connected to another primary structure and designed for, or occupied exclusively by one family that is attached by a common wall on only one side to a like building.

21.

Dwelling, two-family. A building designed for or occupied exclusively by two families.

22.

Dwelling, multiple. A building designed for or occupied exclusively by three or more families.

23.

Dwelling unit. One or more rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating purposes.

24.

Family. One or more persons occupying a dwelling and living as a single housekeeping unit, all of whom or all but two of whom are related to each other by birth, adoption or marriage as distinguished from a group occupying a communal living facility.

25.

Floor area. The gross horizontal areas of all floors, including penthouses (but not excluding such areas within a building which are used for parking) measured from the exterior faces of the exterior walls of a building. Basements and cellars shall not be included in the gross floor area.

26.

Frontage, street. All the property on one side of a street between two streets which intersects such street (crossing or termination), measured along the line of the street, or if the street is dead ended, then all the property abutting on one side between a street which intersects such street and the dead end of the street.

27.

Garage, private. An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory.

28.

Garage, public. A building or portion thereof, other than private, storage or parking garage, designed or used for equipping, servicing, repairing, hiring, selling or storing of motor-driven vehicles, but not including the storage of wrecked or junked vehicles.

29.

Garage, storage, or parking. A building or portion thereof designed or used exclusively for storage of motor-driven vehicles, and within which motor fuels and oils may be sold, but no vehicles are equipped, repaired, hired or sold.

29.5.

Garden manager. Individual that is responsible for the operation of community garden use. If the community garden is a group or organization, a responsible person (individual who has the authority to sign binding agreements for a group or organization) for that group or organization must be identified.

30.

Grade. The average level of the finished ground surface adjacent to the exterior walls of the building.

30.5.

Greenhouse/hoophouse. A temporary or permanent structure typically made of, but not limited to, wood, glass, piping, clear or translucent plastic or fiberglass where plants are cultivated.

31.

Home occupation. Any occupation or activity which is clearly incidental to the use of the premises for dwelling purposes and which is carried on wholly within a main building or accessory building by a member of a family residing on the premises, in connection with which there is no advertising other than an identification sign of not more than one square foot in area which is neither illuminated or animated, and no other display or storage of materials or exterior identification of the home occupation or variation from the residential character of the premises; and in connection with which no person outside the family is employed and no equipment used other than that normally used in connection with a residence. A home occupation shall not include beauty parlors, barbershops or doctors' or dentists' offices for the treatment of patients.

32.

Hotel. A building in which lodging, or boarding and lodging, are provided and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours. A hotel is open to the transient public contradistinction to a boardinghouse, or a roominghouse which are herein separately defined.

32.5.

Indoor urban farm. A commercial farm that produces and distributes food crops, ornamental crops and other agriculture products either for sale on site or off site utilizing hydroponics or aquaculture, and is completed enclosed within a building. Outside storage is prohibited.

33.

Institution. The structure or land occupied by a group, cooperative, board, agency or organization created for the purpose of carrying on nonprofit functions of a public or semi-public nature, including but not limited to hospitals, schools, churches, fraternal orders and also including residential accessory uses, limited to rectories, parsonages, dormitories and dwellings for resident administrators, watchmen, custodians or caretakers.

34.

Junkyard, general. A parcel and/or lot used for the outside storage or placement of used and/or damaged materials and items.

35.

Junkyard, vehicular. A parcel and/or lot used for the outside placement, storage, parking, dismantling, or disassembling of any disabled or inoperable vehicles, or parts thereof, including, but not limited to motors, tires, wheels, axles, transmissions and other accessories.

36.

Kennel. Any building(s) or land designated or arranged for the care of five or more dogs or cats belonging to the owner of the principal use kept for purposes of show, hunting, or as pets. A commercial kennel shall be defined as an establishment for the housing, grooming, breeding, boarding, training, or selling of animals, primarily, but not limited to domesticated dogs and cats. this definition shall not be applicable to veterinarians operating under license from the State of Alabama who board dogs or other pets in an enclosed structure.

37.

Loading space. A space having a minimum dimension of 12 by 35 feet and a vertical clearance of at least 14 feet within the main building or on the same lot, providing for the standing, loading, or unloading of trucks.

38.

Lot. Land occupied or intended for occupancy by a use including the yards and parking spaces required herein, and having its principal frontage upon a street.

39.

Lot, corner. A lot abutting upon two or more streets at their intersection.

40.

Lot, through. A lot other than a corner lot abutting two streets.

41.

Lot of record. A lot which is part of a subdivision, the plat of which has been recorded in the office of the probate judge of Jefferson County, Alabama, or a parcel of land described by metes and bounds, the plat or description of which has been recorded in said office. If a portion of a lot or parcel has been conveyed at the time of the adoption of this ordinance, the remaining portion of said lot or parcel shall be considered a lot of record.

42.

Lot width. The width of the lot at the front building setback line.

42.5.

Market manager. Individual that is responsible for the operation of a farmer's and/or public market use. If the market is a group or organization, a responsible person (individual who has the authority to sign binding agreements for a group or organization) for that group or organization must be identified.

42.6.

Market stand. A seasonal, temporary structure where crops grown at a community garden may be packaged and sold on site to consumers.

43.

Mini-warehouse. A building or structure which is designed or used for the storage of goods, wares or merchandise, provided no display, sale or manufacture of such items are allowed on the premises and further provided such storage does not include perishable items or other items that may cause a health hazard or highly combustible, flammable or explosive products or materials; said building or structure shall be limited to a maximum size of 20,000 square feet and be designed with cubicles or separate storage areas having a maximum size of 1,000 square feet and a maximum width of 25 feet.

44.

Motel. A building or group of buildings used for the temporary occupancy of transients and containing no facilities for cooking in the individual units.

45.

Nonconforming use, legal. The use of any building or land which was lawful at the time of passage of the ordinance from which this division is derived, or amendment thereto, but which use does not conform, after the passage of the ordinance from which this division is derived, or amendment thereto, with the use regulations of the district in which it is situated.

46.

Office. The building, room, or space where clerical or administrative activities are performed.

47.

Opioid. An opioid is a class of addictive narcotic drugs that are often prescribed for severe pain relief but also are frequently used (and abused) illegally to create euphoric states of consciousness. Common types of opioids are heroin, codeine, and morphine.

48.

Opioid replacement therapy treatment facility. Any operation that has received a certificate of need from the State Health Planning and Development Agency of Alabama to operate a facility to prescribe and/or dispense opioid replacement drugs and offer therapy to individuals and groups as a part of a treatment program. These opioid replacement drugs generally include, but [are] not limited to, methadone, naloxone, naltrexone, and similar types of opioid receptor agonists. No opioid replacement therapy treatment facility may be located:

a.

Within 1,000 linear feet of the lot line of a E or R zoned property;

b.

Within 1,000 linear feet of the lot line of a church or other place of worship;

c.

Within 1,000 linear feet of the lot line of a public park;

d.

Within 1,000 linear feet of the lot line of a kindergarten, elementary, high school, college, university, or other similar type of school, whether public or private;

e.

Within 3,000 linear feet of the lot line of another opioid replacement therapy treatment facility;

f.

Within areas that are registered and listed on the National Register of Historic Places as historic districts, or areas within 1,000 linear feet of the lot line of those districts. The boundaries of said historic districts are on file in the department of planning, engineering and permits;

g.

Within areas designated as commercial revitalization districts as established by the council of the City of Birmingham. The boundaries of such districts are on file in the department of planning, engineering and permits.

48.5.

Outdoor markets.

a.

Farmers market. Outdoor sales sanctioned by the State of Alabama Farmer's Market Authority, consisting of whole uncut produce, ornamental crops and value-added agricultural products such as baked goods, jams and jellies, pickles and relish, dried fruits, syrups and honey, eggs, meat, nuts (at least 75 percent of vendors) and handmade art and crafts (no more than 25 percent of vendors).

b.

Public market. Outdoor sales consisting of whole uncut produce, ornamental crops, value-added agricultural products such as baked goods, jams and jellies, pickles and relish, dried fruits, syrups and honey, eggs, meat, nuts, handmade art and crafts and unique local goods. Twenty-five percent of all vendors at public markets must sell either produce or value-added agricultural products. Used clothing, mass-produced items and appliances are prohibited.

c.

Flea market. Outdoor sales consisting of individual stalls used for selling various types of merchandise such as used household items, and cut-rate goods.

48.6.

Outdoor urban farm. A commercial farm that produces and distributes food crops, ornamental crops and other agriculture products, such as honey and compost, either for sale on site or off site utilizing traditional farming methods, hydroponics or aquaculture.

49.

Parking area. Land reserved for the parking of vehicles, including necessary maneuvering area.

50.

Parking lot. An open area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles are to be equipped, repaired, rented or sold.

51.

Parking space, off-street. An accessible space permanently reserved for the temporary storage of one vehicle, connected with a street by a driveway or an alley, having a minimum area of not less than 162 square feet, a minimum width of nine feet, and a minimum length of 18 feet, exclusive of driveways and maneuvering area.

52.

Premises. A lot, together with all buildings and structures existing thereon.

53.

Self-storage structure. A building or structure which is designed or used for the storage of surplus personal property accumulated in the maintenance or operation of a home, apartment, or dwelling, provided no display or sale of such items are allowed on the premises and further provided such storage does not include highly combustible, flammable or explosive products or materials; said building or structure shall be limited to a maximum size of 10,000 square feet and shall be designed with cubicles or separate storage areas having a maximum size of 250 square feet and a maximum width of ten feet.

54.

Service station. Any building, structure, or land used primarily for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories but not including major repair work such as motor overhaul, body and fender repair or spray painting.

55.

Sign. A name, identification, description, display or illustration which is affixed to, painted, or represented, directly or indirectly upon a building, structure, parcel or lot and which directs attention to an object, product, place, activity, person, institution, organization or business located on the premises. The term sign shall not be deemed to include official court or government notices nor the flag, emblem or insignia of a nation, political unit, school or religion.

56.

Special exception. A variation in the terms of the zoning ordinance where permission is given to establish a use normally associated with the applicable district but which requires special permission from the zoning board of adjustment for its creation.

57.

Story. That portion of a building other than a cellar, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.

58.

Story, half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing independent apartment or living quarters shall be counted as a full story.

59.

Street. A public thoroughfare which afford the principal means of access to abutting property.

60.

Street line. A dividing line between a lot, tract or parcel of land and a contiguous street.

61.

Structure. Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, including but not limited to buildings, signs, billboards, back stops for tennis courts, fences or radio towers.

62.

Structural alterations. Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders; provided, however, that the application of any exterior modernizing shall not be considered a structural alteration.

63.

Tourist home. A dwelling in which accommodations are provided or offered for one or more transient guests for compensation.

64.

Townhouse. See Dwelling, single-family attached.

65.

Trailer. Any enclosure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirtings and which has been, or reasonably may be equipped with wheels or other devices for transporting the enclosure from place to place, whether by motive power or other means. The term "trailer" shall include camp car, house car or mobile home.

66.

Trailer court. An area containing one or more trailers used as living facilities, or an area containing one or more spaces designed or intended for parking of trailers to be used as living facilities.

67.

Wrecker service yard. A parcel and/or lot used for the outside placement and/or storage of vehicles awaiting final disposition. Disabled vehicles may not be placed or stored on this lot unless the property is properly zoned and all pertinent licenses maintained. This definition shall not be applicable to junkyards as defined herein.

68.

Yard. An open space between a building or use and the adjoining lot lines, unoccupied and unobstructed by any structure or use from the ground upward, except as otherwise provided in article VI. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum distance between the lot line and the main building shall be used. A required yard shall mean a yard the depth of which is specified in the area and dimensional regulations pertaining to the district in which such yard is required to be provided.

69.

Yard, front. A yard extending across the front of a lot between the side lot lines. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

70.

Yard, rear. A yard extending across the rear of a lot between the side lot lines. On all lots the rear yard shall be in the rear of the front yard.

71.

Yard, side. A yard between the main building and the side lot line and extending from the required front yard to the required rear yard.

72.

Zone map. The map referred to on page ii (zoning districts and boundaries) and article VI, section 11.

73.

Zoning district map. The zone map.

(Ord. No. 11-137, § 1, 11-8-2011; Ord. No. 13-71, 5-7-2013; Ord. No. 13-141, § 1, 11-5-2013; Ord. No. 13-165, § 1, 12-17-2013)

Subsection 1.

Legal nonconforming use. If the zoning classification of a property is changed so that the existing permitted use of that property is not in compliance with the new zoning classification, the existing use may continue as a legal nonconforming use, provided that the restriction and limitations listed within this article are met.

Subsection 2.

Legal nonconforming structure. If the zoning classification of a property is changed so that the existing location or height of a structure is not in compliance with the new zoning classification, the existing location or height of the structure is allowed as a legal nonconforming structure, provided that the restriction and limitations listed within this article are met.

(Ord. No. 13-165, § 2, 12-17-2013)

The following will affect the legal nonconforming status of a building, property or use:

A.

Loss of legal nonconforming use status because of change of use. If the legal nonconforming use within a building or on a property is changed to a use that conforms to the current zoning classification of the property, the legal nonconforming use status of the property will be lost. If this occurs, a change of zoning of this property must be granted by the City Council before the previous use can be re-established on this property.

B.

Loss of legal nonconforming use status because of vacancy or inactivity. If the legal nonconforming use within a building or on a property ceases for a period of time of two years or more, the legal nonconforming use status of the property will be lost. If this occurs, two possible options may be taken to resume the legal nonconforming use:

i.

A request to change the zoning classification to one that would allow the previous use; or

ii.

A request to resume the legal nonconforming use may be made to the Zoning Board of Adjustment in compliance with the requirements of Article 6, Section 5.6.

C.

Loss of a legal nonconforming use or structure status because of enlargement or extension. A legal nonconforming use, structure, or premises may not be structurally altered, reconstructed, enlarged or extended without a variance granted by the Zoning Board of Adjustment. If that variance is not granted, a zoning change is required in order to bring the property into compliance.

D.

Loss of legal nonconforming status of a business use. If a legal nonconforming business operation has a spacing or distance requirement, no new business license (for a new owner) may be issued for that specific location until and unless relief from said spacing or distance requirement is granted a variance by the Zoning Board of Adjustment.

(Ord. No. 13-165, § 2, 12-17-2013)

Subsection 1.

Any residential building or structure damaged by explosion, fire, act of God, or public enemy, to the extent that the repair of that building or structure is valued at fifty (50%) percent or more of its current replacement value, shall not be restored except in conformity with the regulations of this Ordinance unless a variance is granted for this repair by the Zoning Board of Adjustment.

Subsection 2.

Any commercial or industrial building or structure damaged by explosion, fire, act of God, or public enemy, to the extent that the repair of that building or structure is valued at fifty (50%) percent or more of its current assessed or appraised value, shall not be restored except in conformity with the regulations of this Ordinance unless a variance is granted for this repair by the Zoning Board of Adjustment.

(Ord. No. 13-165, § 2, 12-17-2013)