Forest Hill City Zoning Code
Division 11
Nonconforming Uses, Structures, and Lots
§ 9.02.291 Nonconforming uses.
(a)
Generally.
Within the zoning districts established by this article as amended, there may exist lots, structures or uses of land which were lawful before this article was enacted or amended, but which would be prohibited, regulated, or restricted under the terms of this article or future amendments. Such nonconforming uses are declared by this article to be incompatible with permitted uses in the various zoning districts. It is the intent of this article to permit such nonconforming use to continue, under regulations herein contained, until the same are removed, but not to encourage their survival.
(b)
Nonconforming lots.
In any zoning district, structures may be erected on any single lot, provided there is access to such structures from a street and the lot was legally platted prior to the effective date of this article. This provision shall apply even though the lot fails to meet the minimum requirements for area, width, or depth for the zoning district in which it is located; however, all other requirements shall still apply. All structures constructed on nonconforming lots shall meet all development regulations in the zoning district unless proper variances are granted by the zoning board of adjustment.
(c)
Nonconforming structures.
A structure that was lawful when constructed, but which no longer conforms to the requirements of this article for development regulations shall be considered nonconforming. Repairs and alterations may be made to an undamaged nonconforming structure, provided that no structural alterations shall be made except those required by law or ordinance to preserve the building in a structurally sound condition, unless the structure is brought into conformity with the provisions of this article. A nonconforming structure shall not be enlarged, changed, expanded, extended, or the footprint of the building changed except to be brought into compliance with the currently adopted ordinance.
(d)
Nonconforming use of property or structures.
(1)
A nonconforming use, when discontinued or abandoned, shall not be resumed. Discontinuance or abandonment is presumed to occur when:
(A)
The legal nonconforming use ceases operation for a period of one (1) month.
(B)
The building used for a nonconforming use ceases to be used for that purpose for a period of six (6) months.
(C)
Abandonment of a nonconforming use when contested shall be determined by the intent of the uses [user] or owner to discontinue a nonconforming operation and the actual act of discontinuance, as the facts are found to be by the zoning board of adjustment.
(2)
A nonconforming use may not be changed to another nonconforming use.
(e)
Destruction of nonconforming use or structure.
(1)
Any structure declared nonconforming by the adoption of this article, which is destroyed by fire or natural disaster, may be rebuilt to its previous specifications and footprint, provided that the construction complies with all current building codes and is commenced within ninety (90) days of the date of destruction. The failure of the owner to start such reconstruction shall forfeit the owner’s right to restore or reconstruct the dwelling except in conformance with this article.
(2)
Notwithstanding subsection a [(e)(1)], a structure occupied by a nonconforming use that is destroyed by fire or natural disaster, may not be reconstructed or rebuilt except to conform with the provisions of this article unless the destruction amounts to less than fifty percent (50%) of its fair market value at the time of the destruction. Should the destruction be greater than fifty percent (50%) and less than total, the zoning board of adjustment may, after a public hearing, authorize repair, taking into consideration the property owner’s circumstances and the effect on surrounding properties.
(3)
Should the owner of a nonconforming use fail to begin reconstruction of the destroyed structure (when permitted to do so by the terms of this article) within ninety (90) days of the date of destruction or approval by the city council, the nonconforming structure or use shall be deemed to be discontinued or abandoned as provided by this article.
(f)
Additional provisions for nonconforming uses and structures.
(1)
A nonconforming use or structure, if changed to a conforming use or structure, may not be changed back to a nonconforming use or structure.
(2)
No nonconforming accessory use or structure shall continue after the principal use or structure shall have ceased or terminated unless the accessory use or structure shall thereafter conform to the provisions of this article and the district in which it is located.
(3)
Nothing contained in this article shall require any change in the plans, construction, or designated use of a structure or land development project for which a building permit was lawfully issued prior to the adoption or amendment of this article, provided, that such construction shall have been started at the time such use became nonconforming and shall have been diligently prosecuted to completion.
(4)
Any use as a specific use permit granted by the city council shall, upon its establishment, be considered a conforming use in that zoning district, provided that this regulation shall not be so interpreted as to waive any conditions placed on the specific use permit.
(Ordinance 2016-03-001, sec. 2 (64-221), adopted 3/15/16)