Braham City Zoning Code
NON-CONFORMING BUILDINGS
STRUCTURES, USES
§ 154.345 PURPOSE.
It is the purpose of this subchapter to provide for the regulation of non-conforming buildings, structures, and uses, and to specify those requirements, circumstances, and conditions under which non-conforming buildings, structures, and uses will be operated and maintained. This chapter establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non-conforming buildings, structures, and uses not be permitted to continue without restriction. Furthermore, it is the intent of this subchapter that all non-conforming uses shall be eventually brought into conformity.
(Ord. 199, passed 2-7-2000)
§ 154.346 NON-CONFORMITY.
Any structure or use, not including existing residential home and accessory buildings, which, on the effective date of September 16, 1998, does not, even though lawfully established, conform to the applicable conditions of the structure or use, is to be under the guidance of this subchapter.
(Ord. 199, passed 2-7-2000)
§ 154.347 LAWFULLY CONSTRUCTED STRUCTURE, BUILDING, USE.
Any structure or use lawfully existing upon the effective date of this subchapter shall not be enlarged, but may be continued at the size and in the manner of operation existing upon the date, except as hereinafter specified or subsequently amended.
(Ord. 199, passed 2-7-2000)
§ 154.348 PLACING OF UNSAFE STRUCTURE, BUILDING, USE.
Nothing in this subchapter shall prevent the placing of a structure in a safe condition when the structure is declared unsafe by the Zoning Commissioner, provided the necessary repairs shall not constitute more than 50% of fair market value of the structure. The value shall be determined by the County Assessor.
(Ord. 199, passed 2-7-2000)
§ 154.349 MOVING NON-CONFORMING STRUCTURE, BUILDING, USE.
No non-conforming building, structure, or use shall be moved to another lot, or to any other part of the parcel of land, upon which the same was constructed or was conducted at the time of this subchapter adoption, unless the movement shall bring the non-conformance into compliance with the requirements of this subchapter.
(Ord. 199, passed 2-7-2000) Penalty, see § 154.999
§ 154.350 NON-CONFORMING TO CONFORMING STRUCTURE, BUILDING, USE.
When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use.
(Ord. 199, passed 2-7-2000) Penalty, see § 154.999
§ 154.351 CHANGING NON-CONFORMING STRUCTURE, BUILDING, USE.
A lawful, non-conforming use of a structure or parcel of land may be changed to lessen the non-conformity of use. Once a non-conforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the non-conformity.
(Ord. 199, passed 2-7-2000) Penalty, see § 154.999
§ 154.352 DESTROYING NON-CONFORMING STRUCTURE, BUILDING, USE.
(A) If, at any time, a non-conforming building, structure, or use shall be destroyed to the extent of more than 50% of its fair market value, the value to be determined by the County Assessor, then, without further action by the Council, the building, and the land on which the building was located or maintained, shall, from and after the date of the destruction, be subject to all the regulations specified by this chapter for the district in which the land and buildings are located.
(B) Any building which is damaged to an extent of less than 50% of its value may be restored to its former extent. Estimate of the extent of damage shall be made by the Building Official.
(Ord. 199, passed 2-7-2000)
§ 154.353 DISCONTINUING NON-CONFORMING STRUCTURE, BUILDING, USE.
In the event that a non-conforming use of any building or premises is discontinued, or its normal operations stopped for a period of six months, the use of the same shall thereafter conform to the regulations of the district in which it is located.
(Ord. 199, passed 2-7-2000)
§ 154.354 MAINTENANCE, ALTERATIONS.
(A) Normal maintenance of a building or other lawful, non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not physically extend or intensify the non-conforming use.
(B) Alterations may be made to a building or other lawful, non-conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units, or size or volume of the building.
(Ord. 199, passed 2-7-2000)