Carbon Hill City Zoning Code
ARTICLE VIII
Nonconforming Buildings, Structures, and Uses
§ 330-37 Preamble.
The purpose of this article is to provide for the regulation of nonconforming uses, buildings, and structures, and to specify those circumstances and conditions under which those nonconforming buildings, structures, and uses may be continued.
§ 330-38 Authority to continue nonconforming buildings, structures, and uses.
Any building, structure, or use which existed lawfully at the time of the adoption of this chapter, and which becomes nonconforming upon the adoption of this chapter or of any subsequent amendment thereto, may be continued only in accordance with the following regulations:
A.
Repairs and alterations. Ordinary repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations shall be made in or to such building or structure, except those required by law, or except to make the building or structure and use thereof conform to the regulations of the district in which it is located. Ordinary repairs and alterations shall be determined by the Building and Zoning Officer or designee and shall include, among other things, the replacement of storage tanks where the safety of operations of the installation requires such replacement.
B.
Additions and enlargements.
(1)
A nonconforming building or structure shall not be added to or enlarged in any manner unless such nonconforming building or structure and use thereof, including all additions and enlargements thereto, is made to conform to all the regulations of the district in which it is located.
(2)
A nonconforming building or structure which is nonconforming only as to bulk may be added to or enlarged, provided such additions or enlargements conform to all regulations of the district in which it is located.
C.
Moving. No nonconforming building or structure shall be moved in whole or in part to any other location in the Village unless every portion of such building or structure, and the use thereof, is made to conform to all regulations of the district in which the moved building is to be located.
D.
Restoration of damaged nonconforming buildings or structures. A nonconforming building or structure, or portion thereof, which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence equals or exceeds 60% of the total cost of reconstructing the building or structure, shall not be restored unless said building or structure and the use thereof shall conform to all regulations of the district in which it is located. However, if the damage is less than 60% of the cost of reconstructing the building or structure, no repairs or restoration shall be made unless such work is started within one year from the date of the partial destruction.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
E.
Change of use in nonconforming building or structure. The nonconforming use of a building or structure, or portion thereof, may be changed to a use permitted in the district in which the building or structure is located, however, once a use is changed to a conforming use, such building or structure shall not thereafter be used for a nonconforming use.
F.
Nonconforming use of conforming buildings or structures. The existing nonconforming use of a part or all of conforming building or structure may be continued subject to the following provisions:
(1)
The nonconforming use of a part of such building or structure shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.
(2)
If a nonconforming use of such a building or structure is discontinued, or abandoned for a period of six consecutive months, it shall not be renewed, and any subsequent use of such building or structure shall conform to the use regulations of the district in which the premises are located.
G.
Nonconforming use of land. The nonconforming use of land not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, may be continued subject to the following provisions:
(1)
Such nonconforming use shall not be expanded or extended beyond the area it occupies on the effective date of this chapter, or changed to another nonconforming use.
(2)
If such nonconforming use of land is discontinued or abandoned for a period of six consecutive months, it shall not thereafter be renewed, and any subsequent use of such land shall conform to the regulations of the district in which the land is located.
(3)
Where the nonconforming use of land is accessory to the nonconforming use of a building or structure, it shall be discontinued on the same date as the nonconforming use of the building or structure.
H.
Any lawful nonconforming building or structure existing in a Residence District on the effective date of this chapter or any amendments thereto shall be entirely discontinued within 10 years from the effective date of this chapter or any amendments thereto.