Clayton Town City Zoning Code
§ 235-15
Nonconforming lots, uses and structures.
A.
General statement. Any use or structure that does not conform to the regulations prescribed by this chapter for the district in which it is located, but which was in existence at the effective date of this chapter and was lawful at the time it was established shall be deemed a nonconforming use or structure.
B.
Continuance of nonconforming uses and structures.
[Amended 8-10-2016 by Amdt. No. 38]
(1)
Any nonconforming use of any building, structure, land or premises that lawfully existed at the time of the adoption of this chapter may be continued, subject to all other provisions of this section.
(2)
No such nonconforming use shall be increased by the erection or placement of any additional structures, or extension, or enlargement of existing structures, and the use shall not be enlarged to occupy a greater land area. A nonconforming structure may be altered if the alteration does not further encroach on a nonconforming setback or any other applicable zoning regulations within the district.
C.
Changes in existing nonconforming uses and structures. No material change shall be made in any nonconforming use except a change to a use permitted under this chapter. Any change of a nonconforming use to another nonconforming use shall require approval by the Zoning Board of Appeals upon application for and interpretation that the requested use is not a material change in use from the existing nonconforming use. In making a determination that the use is not a material change from the existing nonconforming use, the Zoning Board of Appeals must determine that the use is similar in nature to existing nonconforming use, and will have similar impacts such as parking requirements, number of employees, volumes and traffic of customers or clients and other similar impacts. In addition, the requested use shall not occupy a greater footprint than the existing nonconforming use.
[Amended 8-10-2016 by Amdt. No. 38]
D.
Nonconforming lots.
(1)
Any undeveloped nonconforming lot of record having lot width, or lot depth, or both less than the minimum required by this chapter, may be developed with any compatible use listed in § 235-5 for the district in which the subject lot is located without requiring a variance, provided that such lot:
(a)
Does not adjoin other property held by the same owner where sufficient land could be transferred to eliminate the nonconformity without reducing the remaining portion of said adjoining property to nonconforming status; and
(b)
Has sufficient area, width, and depth to undertake development which will meet or exceed the dimensional standards for lots of record contained in § 235-5 of this chapter; and
(c)
Otherwise satisfies all applicable provisions of this chapter.
E.
Maintenance and repairs. Nothing in this section shall be deemed to prevent normal maintenance and repair of any nonconforming structure.
F.
Abandonment or discontinuance. When a nonconforming use has been discontinued for a period of at least one year, it shall not thereafter be reestablished, irrespective of the reasons for discontinuance or the intent of the owner of the premises or any other person, and any future use shall be in conformity with the provisions of this chapter.
G.
District changes and/or chapter amendments. When an area is transferred from one zoning district to a different zoning district or whenever an amendment is adopted to this chapter which changes permitted uses or other regulations governing existing districts, the above regulations set forth in Subsections A, B, C, D and E shall apply to any and all nonconforming uses created by such transfer and/or amendment.
H.
Nonconforming mobile home parks and campgrounds. Within existing nonconforming mobile home parks and campgrounds, the setback for all new construction, alterations of existing structures, or renovation of existing structures shall be five feet from the mobile home or campground property line, and five feet from any adjoining lot within the mobile home park or campground.
[Added 8-10-2016 by Amdt. No. 38]