Bolivar City Zoning Code
ARTICLE VII
Non-Conformities
Section 410.440 General.
[R.O. 2009 § 410.440; Ord. No. 782 § 1 (Zoning Regs. Art. 7 § 1), 7-31-1980]
A.
Non-conformities are of three (3) types: non-conforming lots of record, non-conforming structures and non-conforming uses. A definition of each type is as follows:
1.
Non-Conforming Lot Of Record. A lot which is part of a recorded subdivision or a parcel of land, the deed to which was recorded prior to the original adoption of zoning and/or subdivision regulations in the City and neither said lot nor parcel complies with the lot width or area requirement for any permitted uses in the district in which it is located.
2.
Non-Conforming Structure. An existing structure which does not comply with the lot coverage, height or yard requirements which are applicable to new structures in the zoning district in which it is located.
3.
Non-Conforming Use. An existing use of a structure or of land which does not comply with the use regulation applicable to new uses in the zoning district in which it is located.
Section 410.450 Non-Conforming Lots Of Record.
[R.O. 2009 § 410.450; Ord. No. 782 § 1 (Zoning Regs. Art. 7 § 2), 7-31-1980]
A.
The Zoning Administrator may issue a building permit for any non-conforming lot of record, provided that:
1.
Said lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning regulations;
2.
Said lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by any zoning regulations; and
3.
Said lot can meet all yard regulations for the district in which it is located.
Section 410.460 Non-Conforming Structures.
[R.O. 2009 § 410.460; Ord. No. 782 § 1 (Zoning Regs. Art. 7 § 3), 7-31-1980]
A.
Authority To Continue. Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which is located on a lot which does not comply with the applicable intensity of use regulations and/or the applicable yard and height regulations, may be continued, so long as it remains otherwise lawful.
B.
Enlargement — Repair — Alterations. Any non-conforming structure may be enlarged, maintained, repaired or remodeled; provided, however, that no such enlargement, maintenance, repair or remodeling shall either create any additional non-conformity or increase the degree of existing non-conformity of all or any part of such structure. Notwithstanding the above, a porch which is covered by a roof which extends into the front setback area may be enclosed, but not in excess of the area covered by the existing roof.
C.
Damage Or Destruction. In the event that any non-conforming structure is damaged or destroyed, by any means, to the extent of more than sixty percent (60%) of its structural value, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located. When a structure is damaged to the extent of sixty percent (60%) or less, no repairs or restoration shall be made unless a zoning certificate is obtained within six (6) months and restoration is actually begun one (1) year after the date of such partial destruction and is diligently pursued to completion.
D.
Moving. No non-conforming structure shall be moved in whole or in part of any distance, whatever, to any other location on the same and any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.
Section 410.470 Non-Conforming Uses.
[R.O. 2009 § 410.470; Ord. No. 782 § 1 (Zoning Regs. Art. 7 § 4), 7-31-1980]
A.
Authority To Continue. Any lawfully existing non-conforming use of part or all of a structure or any lawfully existing non-conforming use of land, not involving a structure or only involving a structure which is accessory to such use of land, may be continued, so long as otherwise lawful.
B.
Ordinary Repair And Maintenance.
1.
Normal maintenance and incidental repair or replacement, installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing may be performed on any structure that is devoted in whole or in part to a non-conforming use.
2.
Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety who declares such structure to be unsafe and orders its restoration to a safe condition.
C.
Extension. A non-conforming use shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activities shall include, without being limited to:
1.
Extension of such use to any structure or land are other than that occupied by such non-conforming use on the effective date of these regulations (or on the effective date of subsequent amendments hereto that cause such use to become non-conforming).
2.
Extension of such use within a building or other structure to any portion of the floor area that was not occupied by such non-conforming use on the effective date of these regulations (or on the effective date of subsequent amendments hereto that cause such use to become non-conforming); provided, however, that such use may be extended throughout any part of such building or other structure that was lawfully and manifestly designed or arranged for such use on such effective date.
D.
Enlargement. No structure that is devoted in whole or in part to a non-conforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.
E.
Damage Or Destruction. In the event that any structure that is devoted in whole or in part to a non-conforming use is damaged or destroyed, by any means, to the extent of more than sixty percent (60%) of its structural value, such structure shall not be restored unless structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. When such damage or destruction is sixty percent (60%) or less, no repairs or restoration shall be made unless a zoning certificate is obtained within six (6) months and restoration is actually begun within one (1) year after the date of such partial destruction and is diligently pursued to completion.
F.
Moving. No structure that is devoted in whole in part to a non-conforming use of land shall be moved in whole or in part for any distance whatever to any location on the same or any other lot, unless the entire structure and the use thereof or the use of land shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
G.
Change In Use. If no external structural alterations are made which will expand the area or change the dimensions of the existing structure, any non-conforming use of a structure or structure and premises may be changed to another non-conforming use. In permitting such change, the Governing Body may require appropriate conditions and safeguards to protect surrounding areas and properties. Once such use has changed, it may no longer be returned to the original use or any other less appropriate use.
H.
Abandonment Or Discontinuance. When a non-conforming use is discontinued or abandoned for a period of twelve (12) consecutive months, such use shall not thereafter be re-established or resumed and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.
I.
Non-Conforming Accessory Uses. No use that is accessory to a principal non-conforming use shall continue after such principal use shall cease or terminate.
J.
Non-Conforming Residential Uses. Notwithstanding the provisions of the above, any structure which is devoted to a residential use and which is located in a business or industrial district may be remodeled, extended, expanded, enlarged and rebuilt; provided that after any such remodeling, extension, expansion, enlargement or rebuilding, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work.
Section 410.480 Status Of Special Uses.
[R.O. 2009 § 410.480; Ord. No. 782 § 1 (Zoning Regs. Art. 7 § 5), 7-31-1980]
A.
Status Of Existing Special Uses. Where a use exists at the effective date of these regulations and is permitted by these regulations only as a special use in the zoning district in which it is located, such use shall not be deemed to be a non-conforming use, but shall, without further action, be deemed a lawful conforming use in such zoning district as provided by prior approval.
B.
Status Of Future Special Uses. Any use for which a special use permit has been issued, as provided in these regulations, shall not be deemed to be a non-conforming use, but shall, without further action, be deemed a lawful conforming use.