Zoneomics Logo
search icon

Carroll Valley City Zoning Code

PART 18

NONCONFORMING USES

§ 27-1801 General.

[Ord. No. 1-2022, 5/10/2022]
All lawful uses of land or of a building or other structure existing on the effective date of this chapter may be continued, altered, restored, reconstructed, sold, or maintained even though such use may not conform to the use, height, area, yard, and other regulations of the district in which it is located, providing such nonconforming uses shall comply with the provision of this Part 18.

§ 27-1802 Alterations and Reconstruction.

[Ord. No. 1-2022, 5/10/2022]
1. 
Repairs and structural alterations not constituting extensions, expansions, or enlargements, may be made to a nonconforming structure or to a structure occupied by a nonconforming use.
2. 
A nonconforming structure which is damaged by fire, explosion, or natural disaster, may be rebuilt and used for the same purpose, provided that:
A. 
The reconstruction of the structure is commenced within one year from the date of the destruction of the building and is carried to completion without undue delay.
B. 
The reconstructed structure does not exceed the height, area, and volume of the building destroyed.
C. 
The reconstructed structure shall be located within the footprint of the structure that was destroyed.
3. 
Notwithstanding the provisions of § 27-1802, Subsections 1 and 2, above, no structure (including trees) may be reconstructed or reestablished if said structure was previously abated in accordance with the provisions of § 27-1306.

§ 27-1803 Extension, Expansion, and Enlargement of Nonconforming Uses.

[Ord. No. 1-2022, 5/10/2022]
1. 
The Zoning Hearing Board may authorize, as a special exception, the following types of extensions, expansions, and enlargements of nonconforming uses existing on the effective date of this chapter:
A. 
The extension of a nonconforming use of land upon a lot occupied by such use.
B. 
The extension, expansion, or enlargement of a conforming building occupied by a nonconforming use.
2. 
The foregoing extension, expansions, and enlargements of such nonconforming uses shall be subject to the following conditions:
A. 
The extension, expansion, or enlargement shall conform to the height, area, yard, and coverage regulations of the district in which the use would ordinarily be permitted.
B. 
The criteria of § 27-1803, Subsection 2A, notwithstanding, the extension, expansion, or enlargement of the nonconforming use shall not exceed an increase of 50% of the original area of the nonconforming use. Where the nonconforming use is fully conducted within a building, this standard shall apply to the total area of the building footprint. Where the nonconforming use is not fully conducted within a building, this standard shall apply to the total land area of the lot dedicated to the nonconforming use. The original area of the nonconforming use is the original building footprint or land area devoted to the nonconforming use on the date such nonconforming use became nonconforming.
C. 
The entire use shall be provided with off-street parking and loading spaces as required by Part 16. Where the design of current off-street parking lots and loading facilities do not comply with current standards of Part 16, such parking lots and loading facilities shall be redesigned to comply.
D. 
The extension, expansion, or enlargement does not replace a conforming use.
E. 
The extension, expansion, or enlargement of the nonconforming use shall not be permitted to extend into land adjacent to the initial parcel of existing land occupied on the effective date of this chapter.

§ 27-1804 Extension, Expansion, and Enlargement of Nonconforming Structures.

[Ord. No. 1-2022, 5/10/2022]
1. 
Where an existing structure is nonconforming with regard to one or more applicable dimensional standards, such structure may be extended, expanded, or enlarged as a matter of right, provided that the degree of nonconformity is not increased.
2. 
Where an existing structure is nonconforming with regard to one or more applicable dimensional standards, and an extension, expansion, or enlargement of said building is proposed that would increase the degree or nonconformity, such extension, expansion, or enlargement shall be subject to variance approval from the Zoning Hearing Board.
3. 
Notwithstanding the provisions of § 27-1804, Subsections 1 and 2, above, no structure (including trees) that is nonconforming with the provisions of Part 13 may be extended, expanded, or enlarged in a manner that increases the degree of nonconformity.

§ 27-1805 Change of Use.

[Ord. No. 1-2022, 5/10/2022]
Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

§ 27-1806 Abandonment and Discontinuance.

[Ord. No. 1-2022, 5/10/2022]
If a nonconforming use of a structure or land ceases or is discontinued for a continuous period of one year or more, the nonconforming use shall be considered to be abandoned, and subsequent use of such structure or land shall be in conformity with all the provisions of this Part 18. This standard shall not apply in cases where the cessation or discontinuance was caused by circumstances beyond the control of the owner.

§ 27-1807 Nonconforming Lots.

[Ord. No. 1-2022, 5/10/2022]
1. 
Any lot held in single and separate ownership at the effective date of this chapter and which does not conform to one or more of the applicable dimensional regulations in the district in which it is located shall be considered nonconforming. A building may be erected upon a nonconforming lot and a use may be established upon a nonconforming lot, provided a zoning permit is obtained in accordance with the provisions of this chapter. Such development shall comply with the following provisions:
A. 
The proposed use is permitted by right within the district in which it is located.
B. 
The proposed building and use shall comply with all applicable area, height, and bulk regulations of the district other than the regulation(s) that result in the lot being considered to be nonconforming. Zoning permit approval shall not be granted for lots that are nonconforming with regard to minimum lot area, and where the underlying zoning district applies a minimum lot area standard for a specific use that exceeds the generally required minimum lot area standard for the zoning district as a whole.

§ 27-1808 Nonconforming Signs.

[Ord. No. 1-2022, 5/10/2022]
1. 
Signs in existence at the effective date of this chapter may be continued subject to the requirements contained in § 27-1801 of this chapter.
2. 
If and when a nonconforming sign is replaced, the new sign shall comply with the requirements of Part 17 of this chapter. "Replacement" shall refer to the structural replacement and/or relocation of the sign, but shall not include simply revising the text or color of the sign.