Durant City Zoning Code
PROVISIONS APPLYING
TO ALL DISTRICTS
§ 156.130 CONTINUING EXISTING NONCONFORMING USES.
Except as hereinafter specified, any use, building, or structure existing at the time of the enactment of these regulations may be continued, even though such use, building, or structure may not conform with provisions hereof for the district in which it is located; provided, however, that this section does not apply to any use, building, or structure established in violation of any zoning regulation previously in effect in the city, unless the use, building, or structure now conforms with these regulations.
(Prior Code, § 157.110) (Ord. 1040, passed 4-12-1983)
§ 156.131 LIMITATIONS ON NONCONFORMING USES.
(A) No nonconforming use of a building or land shall be enlarged, extended, reconstructed, substituted, or structurally altered, unless:
(1) Such change is required by law or order;
(2) The use thereof is changed to a use permitted in the district in which such building or land is located;
(3) Authority is granted by the Board of Adjustment to extend a nonconforming use or substitute another nonconforming use for a nonconforming use;
(4) Authority is granted by the Board of Adjustment to enlarge or complete a building devoted a nonconforming use upon a lot occupied by such building where such extension is necessary and incidental to the existing use of such building; or
(5) Authority has been granted by the Board of Adjustment to extend a nonconforming use throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use or building became nonconforming, if no structural alterations, except those required by law, are made therein.
(B) Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
(Prior Code, § 157.111) (Ord. 1040, passed 4-12-1983)
§ 156.132 CESSATION OF USE OF BUILDING OR LAND.
(A) A lawful nonconforming use of a building or structure that has been voluntarily discontinued for a period of six calendar months shall not thereafter be resumed.
(B) A lawful nonconforming use of land that does not involve improvements with an assessed value in excess of $1,000 that has been voluntarily discontinued for a period of 30 days shall not thereafter be resumed.
(C) A nonconforming commercial or industrial use of land shall be discontinued within one year, unless on the effective date of these regulations the assessed value of buildings located on the property was in excess of $1,000. Any such nonconforming use of land which becomes nonconforming by reason of subsequent amendments to these regulations shall also be discontinued within one year from the date of such amendment.
(Prior Code, § 157.112) (Ord. 1040, passed 4-12-1983)
§ 156.133 CONSTRUCTION APPROVED PRIOR TO REGULATIONS.
Nothing herein contained shall require any change in the overall layout, plans, construction, size, or designated use of any development, building, structure, or part thereof, where official approvals and required building permits have been granted before the enactment of these regulations, or any amendment thereof, the construction of which, conforming with such plans, shall have been started prior to the effective date hereof and completion thereof carried on in a normal manner within the subsequent six-month period and not discontinued until completion, except for reasons beyond the builder’s control.
(Prior Code, § 157.114) (Ord. 1040, passed 4-12-1983)
§ 156.134 REPLACEMENT OF DAMAGED OR DESTROYED NONCONFORMING USES.
Any nonconforming building or structure damaged more than 50% of its then appraised value for tax purposes, exclusive of foundations, by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or Act of God shall not be restored or reconstructed and used as before such happening; but if less than 50% damaged above the foundation, it may be restored, reconstructed, or used as before, provided that restoration or reconstruction be completed within 12 months of such happening.
(Prior Code, § 157.115) (Ord. 1040, passed 4-12-1983)
§ 156.135 REPAIRS TO NONCONFORMING USES; LIMITATION.
Such repairs and maintenance work as are required to keep it in sound condition may be made to a nonconforming building or structure, provided that no structural alterations shall be made except such as are required by law or ordinance. Except as otherwise provided elsewhere herein, the total structural repairs and alterations that may be made in a nonconforming building or structure shall not, during its life subsequent to the date of its becoming a nonconforming use, exceed 50% of its then appraised value for tax purposes at such time, unless such building or structure is changed to a conforming use.
(Prior Code, § 157.116) (Ord. 1040, passed 4-12-1983)
§ 156.136 HEIGHT AND DENSITY.
No building shall hereafter be erected or altered which will exceed the height limit nor shall any building or land be used or occupied hereafter in excess of the density regulations for that district; no building shall hereafter be erected or altered to accommodate a greater number of families than those specified for that district; no building shall be erected or altered to exceed the specifications of required lot size, maximum coverage, yard requirements, height limitations, or bulk limitations for that district as defined.
(Prior Code, § 157.117) (Ord. 1040, passed 4-12-1983) Penalty, see § 156.999
§ 156.137 BUILDINGS.
For all zoning districts, any building hereafter erected or structurally altered shall be located completely within the boundary of the parcel being developed. For residential development within all single-family detached housing and single-family attached housing containing four units or fewer (duplexes, triplexes, quadplexes, and/or townhomes) there shall be no more than one principal building per lot. All other zoning requirements within each of the appropriate zoning districts shall be met. Customary accessory buildings are permitted on the lot, provided further that accessory buildings may not be erected or placed in the front and side yard areas as required in the separate districts. Commercial, industrial and multi-family developments of more than four units may utilize multiple principal buildings, provided that all zoning district requirements are met. The exterior wall and opening protection of the new and existing building(s) must be erected and/or remain in compliance with the provisions of the International Building Code as adopted by the city.
(Prior Code, § 157.118) (Ord. 1040, passed 4-12-1983; Ord. O-2023-04, passed 7-11-2023)
§ 156.138 STREET ACCESS.
(A) No principal building shall hereafter be constructed on a lot which does not abut a public dedicated street.
(B) Anyone requesting a building permit where the existing lots or unplatted property abuts a dedicated city street shall grant sufficient right-of-way to the city for future street and utility expansion.
(C) The right-of-way easement and utility easement granted must be sufficient to meet the requirements of § 97.045 of this code of ordinances and by the street classification plan as adopted by the Planning and Zoning Commission and approved by the City Council.
(Prior Code, § 157.119) (Ord. 1040, passed 4-12-1983; Ord. 1425, passed 2-10-2004)
§ 156.139 ANNEXATION.
Any territory annexed to the corporate limits of the city subsequent to the effective date of these regulations will be within the jurisdiction of these regulations and will upon annexation be zoned as R-1, Single-Family Residential, unless otherwise classified by the City Council.
(Prior Code, § 157.120) (Ord. 1040, passed 4-12-1983; Ord. 1091, passed 3-14-1986)
§ 156.140 PROHIBITING USES NOT IN COMPLETE AGREEMENT WITH AN ALLOWABLE DISTRICT USE.
No person, firm, or corporation shall use or permit to be used any land or buildings, nor shall any person, firm, or corporation make, erect, construct, move, alter, enlarge, or rebuild or permit the making, erection, construction, moving, altering, enlarging, or rebuilding of any building, structure, or improvement, which is designed, arranged, or intended to be used or maintained for any purpose or in any manner except in accordance with the use, height, area, yard, space, and other requirements established in the district in which such land, building, structure, or improvement is located, except as provided by § 156.131 of this subchapter. For example, no nonresidential structure or use may be erected or conducted in a residential district, except as directly related, associated, and an accessory to an unquestionably residential use on the same lot or property.
(Prior Code, § 157.121) (Ord. 1277, passed 4-13-1999)