Carrollton City Zoning Code
NON-CONFORMITIES
§ 159.260 NATURE OF NON-CONFORMITIES.
The requirements imposed by this chapter are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various districts. Lots, structures and uses of land or structures that do not conform to the requirements of the district in which they are located tend to impede appropriate development. For example, non- conformities are frequently responsible for heavy traffic on residential streets, the overtaxing of parking facilities, the creation of nuisances and/or the lowering of property values. The regulations in this subchapter are intended to alleviate such existing/potential problems by encouraging the gradual elimination of non-conformities.
(Prior Code, § 40-8-1)
§ 159.261 NON-CONFORMING LOTS.
If the Zoning Board of Appeals grants a variance for any vacant lot that does not conform to one or more of the lot size (area dimensions) requirements of the district in which it is located, that lot may, nonetheless, be developed for any use permitted in that district if such vacant lot:
(A) Was recorded in the office of the county’s Recorder of Deeds prior to the effective date of this chapter (or pertinent amendment thereto); and
(B) Is at least 50 feet wide.
(Prior Code, § 40-8-2)
§ 159.262 TWO OR MORE LOTS IN COMMON OWNERSHIP.
If two or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the effective date of this chapter, and if one or more of those lots does not meet the minimum lot width, depth or area requirements of the district in which it is located, the land involved shall be considered an undivided parcel. No portion of any such parcel shall be developed, except in compliance with this chapter, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this chapter.
(Prior Code, § 40-8-2.1)
§ 159.263 NON-CONFORMING STRUCTURES.
(A) Any otherwise lawful structure which exists on the effective date of this chapter, but which could not be erected under the terms of this chapter because of requirements/restrictions concerning lot size, height, setbacks or other characteristics of the structure or its location on the lot, may lawfully remain, subject to the following provisions.
(1) Maintenance. A non-conforming structure may be maintained by ordinary repairs.
(2) Enlargement, alterations. A non-conforming structure shall not be enlarged or altered in any way which increases its non-conformity.
(3) Relocation. A non-conforming structure shall not be moved unless, after relocation, it will conform to all the regulations of the district in which it is situated.
(4) Reconstruction. No structure which is destroyed or damaged by any means shall be reconstructed if the Administrator determines that the cost of such reconstruction exceeds 50% of the structure’s market value at the time of loss, unless after reconstruction the structure will conform to all applicable regulations of the district in which it is located. In the event the Administrator determines the estimated cost of reconstruction is less than 50% of the structure’s market value at the time of loss, repairs or reconstruction shall be permitted; provided, such work starts within six months from the date the damage occurred and is diligently prosecuted to completion.
(B) The Administrator may require that the reconstruction cost estimate be made by a bona fide construction contractor, and that the structure’s market value at the time of loss be determined by a licensed real estate appraiser. The owner of the damaged structure shall be responsible for obtaining these estimates for the Administrator.
(C) As an alternative, the market value may be determined by the Administrator by using the “state equalized assessed value” multiplied by the number three.
(D) The provisions of division (A)(4) above shall not apply to single-family dwellings.
(Prior Code, § 40-8-3)
§ 159.264 NON-CONFORMING USES OCCUPYING A STRUCTURE.
If any lawful use occupying a structure exists on the effective date of this chapter, but would not be allowed under the terms of this chapter, such use may lawfully continue, subject to the following provisions.
(A) Maintenance. Any structure housing a non-conforming use may be maintained through ordinary repairs.
(B) Enlargement, alteration, reconstruction, relocation. No structure housing a non- conforming use shall be enlarged, structurally altered, reconstructed or relocated unless the use of the structure is changed to a permitted use.
(C) Extension of use. No non-conforming use may be extended to any part(s) of the structure not intended or designed for such use, nor shall the non-conforming use be extended to occupy any land outside such structure.
(D) Change of use. A non-conforming use occupying a structure may be changed to a similar use, to a more restrictive use or to a conforming use. Such use shall not thereafter be changed to a less restrictive use.
(E) Discontinuance of use. When a non-conforming use of a structure or of a structure and premises in combination is discontinued for 12 consecutive months or for 18 months during any three- year period, the non-conforming use shall not thereafter be resumed. Any discontinuance caused by government action and without any contributing fault by the non-conforming user shall not be counted in calculating the length of discontinuance.
(Prior Code, § 40-8-4)
§ 159.265 NON-CONFORMING USE OF LAND.
Any lawful use of land existing on the effective date of this chapter that would not be permitted under the terms of this chapter may lawfully continue, subject to the following provisions.
(A) Intensification or extension of use. A non-conforming use of land shall not be intensified, or extended to occupy a greater area of land than was occupied by such use on the effective date of this chapter.
(B) Relocation. No non-conforming use of land shall be moved, in whole or in part, unless such use, upon relocation, will conform to all pertinent regulations of the district in which it is proposed to be located.
(C) Change of use. Whenever a non-conforming use of a building has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed to a less restrictive use. If no structural alterations are made, a non-conforming use of a building may be changed to another non- conforming use of the same or more restricted classification.
(D) Discontinuance. When a non-conforming use of land is discontinued for a period of 12 consecutive months or for 18 months during any three-year period, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the owner or operator shall not be counted in calculating the length of discontinuance.
(Prior Code, § 40-8-5)
§ 159.266 NON-CONFORMITIES UNDER PERMIT AUTHORITY.
The regulations of this subchapter shall not apply to any change in an existing structure or to any change in the use of a structure or of land for which a permit was issued prior to effective date of this chapter or any pertinent amendment thereto, provided that the work authorized by such permit is completed within a reasonable time.
(Prior Code, § 40-8-6)