A.

Nonconformities are uses, lots, structures, buildings or developed site improvements which do not conform to one (1) or more provisions or requirements of this chapter, but which were lawfully established prior to the date of adoption or amendment of this chapter. Such nonconformities are considered to be incompatible with the current or intended use of land, buildings or structures in the district in which they are located.

B.

The objectives of this article are to eliminate, or bring into compliance, uses, lots, buildings, structures and site improvements which legally existed at the date of adoption of this chapter or related amendments, but do not meet the current standards. This article also has special provisions to permit certain nonconforming situations considered to be less harmful to continue under certain conditions, but to discourage their expansion, enlargement or extension, except in certain cases where conditions can be met. The standards of this article are intended to accomplish the following:

1.

Terminate and remove any use, building, accessory structure or any combination thereof established after the effective date of this chapter and in violation of this chapter; such uses, buildings or accessory structures are classified as a nuisance and shall not receive any of the rights, privileges or protection conferred by this article for nonconformities.

2.

Prevent the creation of new nonconforming and nonconforming situations.

3.

To avoid undue hardship, allow occupancy or construction for any project that was approved under prior regulations and for which actual construction was lawfully begun prior to the effective date of a related amendment of this chapter when actual building construction has been diligently carried on and there is a valid building permit or zoning compliance permit; actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner.

4.

Encourage nonconforming uses to become more compatible or encourage redevelopment into a more conforming use through site design improvements.

5.

Eliminate nonconforming uses which are found to be incompatible with uses permitted by right, or encourage redevelopment into a more conforming use.

6.

Permit nonconforming buildings and structures to remain until they are discontinued or removed, but to require improvements or changes to bring the buildings or structures into greater conformity, or complete conformity, with the current standards over time.

7.

Encourage gradual upgrades of site landscaping, parking, loading and circulation areas, paving, fences, lighting, access points, building design, pedestrian facilities, waste receptacles or other site features not in compliance with the current standards; such improvements shall be required through site plan review or during reviews by the board of zoning appeals as uses change, or expansions or other improvements are proposed, in a reasonable relationship to the extent of improvements proposed.

8.

Encourage the combination of contiguous nonconforming lots of record to create lots which conform to current standards and are compatible with other lots in the zoning districts, to promote the public health, safety and welfare and to eliminate problems associated with the over-crowding of land.

(Ord. No. C-746-2010, § 1, 4-19-10)

For the purposes of this chapter, the following words and phrases shall have the meaning described below:

A.

Abandonment. The cessation of a use of the land by the owner or lessee without any intention of transferring rights to another land owner or resuming the use of the land or building (i.e. discontinuance and an indication of an intent to abandon).

B.

Discontinuance. Vacation of a lot, building or structure; or a ceasing of the activities related to the nonconforming situation for a period of one (1) year.

C.

Effective Date. Whenever this article refers to "effective date" of this chapter, it shall be deemed to include the effective date of the amendment that created or increased the nonconforming situation.

D.

Nonconformities. Existing lots, buildings, structures, site plans and uses of land that were lawful prior to the effective date of this chapter, but which have become nonconforming under the terms of this chapter and its amendments.

E.

Illegal Lot, Use, Building or Structure. Any lot, use, building, structure or any combination thereof that was established in violation of this chapter and not approved by the city following the effective date of this chapter or its amendment.

F.

Nonconforming Building. A building or portion thereof lawfully existing at the effective date of this chapter that does not meet the current minimum size, setbacks, height or other building provisions of this chapter in the district in which it is located. (Example: a house which does not meet the required front yard setback.)

G.

Nonconforming Lot. A lot of record lawfully existing at the effective date of this chapter that does not meet the current minimum area or lot dimensional requirements for the district in which it is located. (Example: a twenty-five thousand (25,000) square foot lot of record in a district which requires a minimum thirty thousand (30,000) square foot lot.)

H.

Nonconforming Site. Development improvements on a site which met the requirements of this chapter at the time the site was developed, such as the amount of parking, parking lot pavement, landscaping, lighting, site access, etc. but do not meet the current site design standards.

I.

Nonconforming Building or Structure. A building or structure or portion thereof lawfully existing at the effective date of this chapter that does not conform to the provisions of this chapter in the district in which it is located.

J.

Nonconforming Use. A use which lawfully occupied a building or land at the effective date of this chapter, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.

K.

Zoning Lot. A lot which meets all width, area and setback requirements for the zoning district in which it is located.

(Ord. No. C-746-2010, § 1, 4-19-10)

Nonconforming uses of land are those activities that are not dependent on the use of buildings and structures for their function, and are not identified by this chapter as a permitted use on the lot they occupy. Where, at the effective date of adoption of this chapter, a lawful use of land exists that no longer conforms with the terms of this chapter, as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

A.

Expansions. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.

B.

Relocations. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.

C.

Discontinuance or Abandonment. If such nonconforming use of land ceases for any reason for a period of more than one (1) year, it shall be presumed to have been abandoned and any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

D.

Documentation. Those alleged nonconforming uses that cannot be proved to have been legally existing prior to the effective date of this chapter shall be declared illegal and shall be discontinued.

(Ord. No. C-746-2010, § 1, 4-19-10)

If a lawful use of a structure, or of a structure and land in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may continue so long as it remains otherwise lawful, subject to the following provisions:

A.

Structural Expansions. No existing structure, used for a nonconforming use, shall be enlarged, extended, reconstructed, moved or structurally altered except in changing the use of such structure to a conforming use, unless approved by the board of zoning appeals.

B.

Expansions. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

C.

Change in Use, Nonresidential District. In any nonresidential district, if no structural alterations are made, any nonconforming use of a structure, or structure and land, may be changed to another nonconforming use of the same or more restricted classification provided that the board of zoning appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of zoning appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this section. Where a nonconforming use of a structure, land, or structure and land in combination, is hereafter changed to a more restrictive classification, it shall not thereafter be changed to a less restricted classification.

D.

Change in Use, Residential District. In any residential district, a nonconforming use of a structure, or structure and land in combination, may only be changed to a permitted use.

E.

Superseded by a Permitted Use. Once a nonconforming use is eliminated and replaced by a conforming use in that district, the nonconforming use may not be resumed.

F.

Discontinuance or Abandonment. When a nonconforming use of a structure, or structure and land in combination, is discontinued or ceases to exist for a period of more than one (1) year, it shall be presumed to be abandoned and the structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

G.

Nonconforming Use in Combination with a Structure. When a nonconforming use of a structure, or structure and land in combination is removed or the structure is destroyed, the nonconforming status of the land shall be discontinued.

H.

Damaged Buildings and Structures Containing a Nonconforming Use. Should a building or structure containing a nonconforming use be destroyed or damaged by flood, fire, vandalism or other means to an extent that it is determined to be a dangerous building under Chapter 19, Nuisances, of the City of Farmington Code, it shall not be reconstructed or reoccupied except in compliance with Chapter 19, Nuisances, of the City of Farmington Code and if demolition occurs pursuant to that chapter, it shall not be reconstructed or reoccupied except in compliance with the provisions of this zoning ordinance and for a use permitted in the zoning district.

I.

Safety Related Repairs, Improvements and Modernization. Repairs, improvements or modernization of buildings or structures housing a nonconforming use deemed necessary by the building official to keep a building structurally safe and sound shall be permitted provided any such repairs, improvements and modernization shall not result in an enlargement of the structure. However, if a nonconforming structure or a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of maintenance and repairs and is declared as such by the building official, it shall not thereafter be restored, repaired or rebuilt except in full conformity with the regulations in the district in which it is located.

(Ord. No. C-746-2010, § 1, 4-19-10)

The following regulations shall apply to any nonconforming lot of record described in a deed or land contract executed and delivered prior to the effective date of this chapter, or the amendment that created the nonconforming lot, including all amendments thereto:

A.

Use of Nonconforming Lots and Sites. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and its accessory buildings may be erected on any single lot of record at the effective date of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, generally applicable in the district, provided that the dwelling and any accessory buildings and structures comply with all other applicable yard setback, minimum floor area, maximum height and access requirements for the district in which it is located. Development of non-single-family use on a nonconforming lot shall require approval by the board of zoning appeals.

B.

Variance to Lot Area and Dimensional Requirements. If the use of a nonconforming lot requires a variation of the minimum lot size, lot width or dimensional (minimum setbacks) requirements, then such use shall be permitted only if a variance is granted by the board of zoning appeals.

C.

Nonconforming Contiguous Lots under the Same Ownership. Where two (2) or more abutting lots of record, each of which are nonconforming either for lot width or lot area, or both, and are held in one (1) ownership, either in fee simple and/or under a vendee's land contract interest, or subsequently come to be held in one (1) ownership, they shall, to the extent necessary for satisfying lot area requirements, be considered the same as a single lot of record for the purpose of this chapter. The provisions of this chapter shall not thereafter be circumvented or avoided by the willful sale or conveyance of a part or portion of any parcel or parcels.

(Ord. No. C-746-2010, § 1, 4-19-10)

Where a lawful structure exists at the effective date of adoption or amendment of this chapter, a nonconforming building or structure may be continued so long as it remains otherwise lawful, subject to the following conditions:

A.

Increased Nonconformance. No such building or structure may be enlarged or altered in a way that increases its nonconformity, unless approved by the board of zoning appeals.

B.

Permitted Building Improvements. A residential building, which is nonconforming, may be altered or rehabilitated if such activity will make it more conforming to the regulations of this chapter and meets building codes.

C.

Expansion of a Nonconforming Residential Building on a Conforming Lot. A residential nonconforming building may be expanded provided the expansion will be within required setbacks and other dimensional and building code requirements are met (spacing between structures, height, maximum lot coverage, etc.). (Example: a home with a nonconforming front yard setback may be expanded in the rear so long as the rear yard setback remains conforming and maximum lot coverage is not exceeded).

D.

Expansion of Nonresidential Nonconforming Buildings. Nonresidential nonconforming buildings shall not be expanded, unless a variance is obtained from the board of zoning appeals.

E.

Expansion of a Nonconforming Residential Building. A nonconforming residential building may be expanded into a required yard in a manner that does not comply with the setback standards with approval from the board of zoning appeals. The board of zoning appeals shall utilize the following standards in making such a determination:

1.

The expansion does not extend closer to the lot line than any existing, nonconforming part of the structure.

2.

The addition does not extend into the front yard beyond the predominant existing building line along the same block.

3.

The addition retains compliance with all other setback, lot coverage, minimum parking and height requirements.

4.

The addition will meet all building code and agency requirements.

5.

The resultant addition, in terms of dimensions and design, would be compatible with the established character of the neighborhood.

6.

The design of the addition would be compatible with the existing structure and not detract from the appearance of the site.

7.

The expansion of a residential building with a nonconforming yard, not meeting the requirements above, shall be prohibited unless a variance meeting the criteria of section 35-215, granting of variances, is granted by the board of zoning appeals.

F.

Damaged Nonconforming Buildings and Structures. Should a nonconforming building or structure be destroyed or damaged by flood, fire vandalism or other means to an extent that it is determined to be a dangerous building under Chapter 19, Nuisances, of the City of Farmington Code, it shall not be reconstructed or reoccupied except in compliance with Chapter 19, Nuisances, of the City of Farmington Code and if demolition occurs pursuant to that chapter, it shall not be reconstructed or reoccupied except in compliance with the provisions of this zoning ordinance and for a use permitted in the zoning district.

G.

Safety Related Repairs, Improvements and Modernization. Repairs, improvements or modernization of nonconforming buildings or structures deemed necessary by the building official to keep a nonconforming building structurally safe and sound shall be permitted for any part of the building or structure that is in compliance with this chapter. Repairs, improvements or modernization involving part of the building or structure that does not comply with this chapter will not be permitted unless a variance has been obtained from the board of zoning appeals.

Any such repairs, improvements, and modernization shall not result in an increased degree of noncompliance with the zoning regulations. However, if a nonconforming building or structure becomes physically unsafe or unlawful due to lack of maintenance and repairs and is declared as such by the building official, it shall not thereafter be restored, repaired or rebuilt except in full compliance with the regulations in the district in which it is located.

H.

Nonsafety Improvements and Modernization. Improvements, or modernization of nonconforming buildings or structures which are not deemed necessary by the building official to keep a nonconforming building structurally safe and sound shall be permitted for any part of the building or structure that is in compliance with this chapter. Repairs, improvements or modernization involving part of the building or structure that does not comply with this chapter will not be permitted unless a variance has been obtained from the board of zoning appeals.

I.

Relocation. Should a nonconforming building or structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations and building code requirements for the district in which it is located after it is moved.

J.

Elimination or Reduction in Nonconformity. Should such structure be altered or modified so as to eliminate, remove or lessen any or all of its nonconforming characteristics, then such nonconforming characteristics shall not be later reestablished or increased.

(Ord. No. C-746-2010, § 1, 4-19-10)

In the event there is a change in tenancy, ownership or management, an existing nonconforming use or nonconforming structure shall be allowed to continue provided there is no change in the nature or character of such nonconformity and there is compliance with the presently adopted building and fire codes.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

The intent of this section is to permit improvements and minor modifications to a conforming use and/or conforming building which do not meet all of the various site improvements related regulations of this chapter. The purpose is to allow gradual compliance with the site-related requirements for the entire site, for sites that predate the various chapter standards for landscaping, lighting, number of parking spaces or parking space dimensions, paving, driveway spacing and other nonsafety site related items.

B.

Such improvements or expansions may be permitted by the planning commission during special land use or site plan review without a complete upgrade of all site elements under the following conditions:

1.

There are reasonable site improvements on the overall site in relation to the scale and construction cost of the building improvements or expansion.

2.

Safety-related site issues on the overall site shall be met in accordance with the building code, fire code and other safety regulations.

3.

Parking access points shall comply with the access standards of this chapter.

4.

Landscaping shall be brought into greater conformance with Article 15, Landscape Standards. In addition to having the landscaping comply more closely with this chapter's standards; landscaping improvements can offer opportunities to better mitigate other nonconforming aspects of the site.

5.

Signs need to be brought into compliance with the city's sign ordinance.

6.

The improvements or minor expansion shall not increase noncompliance with site requirements.

7.

A site plan shall be submitted in accordance with Article 13, Site Plan Review.

C.

The city may require a performance guarantee to ensure that all improvements will be made in accordance with the approved plan.

(Ord. No. C-746-2010, § 1, 4-19-10)