Bosque Farms City Zoning Code
§ 10-1-17
Nonconformities.
A.
Definition. Within the zone districts (except Commercial Zone) established by this Section 10-1, or amendments that shall be adopted, there exist lots, structures, uses of land and structures, signs and characteristics of use which were lawful before this Section 10-1 was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Section 10-1 or future amendment. It is the intent of this Section 10-1 to allow these nonconformities to continue until they are removed, but not to encourage their survival.
B.
Certificate of nonconformance. All nonconformities within the jurisdiction of this Section 10-1 shall be issued certificates of nonconformance upon determination of nonconformity by the Planning and Zoning Administrator/Officer or Commission. Failure to accept the certificate of nonconformance under the provision of this section shall be considered a violation of this Section 10-1.
C.
Expansion. The addition of a lawful use to any portion of a nonconforming building, which existed prior to the enactment of this Section 10-1, shall not be deemed an expansion of such nonconforming use.
D.
Reconstruction. A nonconforming building shall not be reconstructed or structurally altered during its life to an extent exceeding an aggregate cost of 25% of the assessed value of the building unless said building is changed to a conforming use. Any building damaged by fire or other causes to the extent of more than 50% of its assessed value shall only be restored or rebuilt after an application for such restoration or rebuilding has been approved by the Commission and shall comply with regulations in Section 11-1, Flood Damage Prevention, of the Village Code.
E.
Discontinuance. Whenever a nonconforming use has been discontinued for a period of 90 days, such use shall not thereafter be reestablished, and any future use shall conform to the provisions of this Section 10-1.
F.
Vested rights. Nothing in this Section 10-1 shall require any change in plans, construction, or designated use of a building for which a building permit has been issued prior to enactment of this Section 10-1, or amendments thereto.
G.
Nonconforming lot size. Any lot of record existing prior to the effective date of this Section 10-1 which fails to meet the minimum area requirements shall be developed or improved, provided that setbacks and any other requirements of the lot are in conformance with the provisions of this Section 10-1. Unless specifically cited by the Commission, a certificate of nonconformance will not be required for nonconforming lots.
H.
Special exemptions.
(1)
The following land uses, which existed prior to the effective date of this Section 10-1, or amendments thereto, shall be allowed to continue and shall be exempt from all requirements of this § 10-1-17:
(2)
Sections or subsections of this Section 10-1 which regulate the above-noted land uses in zone districts where they are allowable land uses shall also regulate these exempted nonconforming land uses. The exemptions as noted herein shall be allowed only as long as the land area devoted to the above-noted land uses exceeds five acres (217,800 square feet) per lot.