Blawnox City Zoning Code

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.

A nonconforming building, structure (excluding signs) may be altered, improved or reconstructed, provided that the total cost of such work does not exceed 50% of the fair market value of the structure at the time of the requested alteration and that the work does not make the structure any more nonconforming in any aspect. This cost limitation does not apply if the work involves bringing the structure into conformance with applicable zoning regulations.

If a nonconforming structure, or use thereof, is destroyed totally or partially by fire, collapse, explosion or other disaster, it may be reconstructed (and the nonconforming use thereof continued), if work commences within six months of the date of destruction and is pursued diligently to completion. However, reconstruction shall not make the building or structure more nonconforming, in any aspect, than it was prior to destruction. Reconstruction must comply with applicable state and local building codes.

A lawful use in a nonconforming building or structure may expand within the existing building.

Residential, mixed-use, conservation districts.

Commercial, industrial districts. In any commercial or industrial district, a nonconforming use may expand up to 50% of the original building or lot area (measured in square feet), in accordance with the same conditions stated in § 550-704A.

The intent of the owner to discontinue the use is apparent.

A nonconforming use has been discontinued for a period of six months unless other facts show intention to resume the nonconforming use.

It has been replaced by a conforming use.

It has been changed to another nonconforming use under permit from the Zoning Hearing Board.

In any residential or mixed-use district, notwithstanding the regulations imposed by any other provision of this chapter, a single-family detached dwelling which complies with applicable zoning restrictions except for lot area may be erected, provided that the following requirements are met:

Construction permitted by the above shall comply with all the regulations, except lot area and yard requirements, applicable to single-family dwellings in the zoning district in which the lot in question is located. However, the following yard requirements shall apply:

Any use, for which a conditional use permit has been issued as provided by this chapter, shall not be deemed to be a nonconforming use, but it shall be deemed a lawful conforming use.

Where a use exists at the effective date of this chapter and is permitted by this chapter only as a conditional use in the zoning district in which it is located, then it shall be deemed to be a lawful conforming use in such zoning district.

Upon adoption of this chapter, the Zoning Officer shall prepare a list of all nonconforming signs. A nonconforming sign cannot be enlarged or altered in any aspect, except to make safety improvements or changes which will make the sign conforming, or more conforming, to the provisions of this chapter.

In the case of a nonconforming projecting sign (i.e., a sign attached to but projecting perpendicularly from a structure or building face), it must be replaced with a conforming sign whenever there is a change of ownership of the use or a change of use following the effective date of this chapter.

If the Zoning Officer orders repairs on any nonconforming sign, which equal 50% or more of the sign's replacement value, then the sign shall be brought into conformance as part of the repairs.