Glasgow City Zoning Code
NON-CONFORMING LOTS
USES, STRUCTURES OR STRUCTURES AND PREMISES IN COMBINATION
§ 158.415 NON-CONFORMING LOTS OF RECORD.
(A) In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter notwithstanding limitations imposed by other provisions of this chapter. The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though the lot fails to meet the requirements for area or width, or both, of the lot shall conform to the regulations for the district in which the lot is located. Variance of yard requirements shall be obtained only through action of the Board of Adjustment.
(B) If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter and no portion of the parcel shall be used or sold in manner which diminishes compliance with lot width and area requirements establishments by this chapter nor shall any division or any parcel be made which creates a lot with width or area below the requirements stated in this chapter.
(1989 Code, § 154.216) (Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.416 NON-CONFORMING USES OF LAND.
Where at the time of passage of this chapter lawful use of land exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(A) No such non-conforming 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) No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the use at the effective date of adoption or amendment of this chapter;
(C) If any such non-conforming use of land ceases for any reason for a period of more than six months any subsequent use of such land shall conform to the regulations specified by this chapter for the zoning district in which the land is located; and
(D) No additional structure not conforming to the requirements of this chapter shall be erected in connection with the non-conforming use of land.
(1989 Code, § 154.217) (Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.417 NON-CONFORMING USES OF STRUCTURES.
Where a lawful structure existed at the effective date of adoption or amendment of this chapter that could not be built under the terms of these regulations by reason of restrictions on area, lot coverage, height yards, its location on the lot or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(A) No such non-conforming structure shall be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its non-conformity;
(B) Should the non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than 55% of its replacement cost at time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter; and
(C) Should the non-conforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(1989 Code, § 154.218) (Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.418 NON-CONFORMING USES OF STRUCTURES AND PREMISES IN COMBINATION.
If lawful use involving individual structures or of structure and premises in combination, existed 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 be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located.
(B) Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for the use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside the building.
(C) If no structural alterations are made, any non-conforming use of a structure, or structure and premises, may as a conditional use be changed to another non-conforming use; provided that, the Board of Adjustment, 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 non-conforming use. In permitting the change, the Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of this chapter.
(D) Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district and the non- conforming use may not thereafter be resumed.
(E) When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three year period, except when government action impedes access to the premises, the structure or structure and premises in combination, shall not thereafter be used, except in conformity with the regulations of the district in which it is located.
(F) (1) When non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.
(2) Destruction for the purposes of this section of this subchapter is defined as damage to an extent of more than 55% of the replacement cost at time of destruction.
(1989 Code, § 154.219) (Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.419 CONTINUATION.
Any use of land or structure existing at the time of enactment or subsequent amendment of this chapter, but not in conformity with its provisions, may be continued with the limitations set forth in this subchapter.
(1989 Code, § 154.220) (Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.420 EXPANSION.
No structure containing a non-conforming use shall hereafter be expanded, so as to add to usable floor area.
(1989 Code, § 154.221) (Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.421 DAMAGE.
Any structure containing a non-conforming use which has been damaged to the extent of 50% of its replacement cost at time of destruction, shall not be repaired or reconstructed, except in conformity with this chapter.
(1989 Code, § 154.222) (Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.422 REESTABLISHMENT.
No non-conforming use may be reestablished after it has been discontinued for six consecutive months or 18 months during any three-year period. Vacating of premises or building or non-operative status shall be evidence of a discontinued use.
(1989 Code, § 154.223) (Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.423 REPLACEMENT.
One non-conforming use may replace another non-conforming use provided the Board of Adjustment determines that the proposed new use is decidedly less detrimental to the district than the existing non- conforming use and provided no additional space is required.
(1989 Code, § 154.224) (Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.424 REPAIRS AND MAINTENANCE.
(A) On any structure devoted in whole or in part to any non-conforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 10% of the current replacement value of the building; provided that, the cubical content of the building as it existed at the time of adoption or amendment of this chapter shall not be increased.
(B) If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter by restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
(C) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any city official charged with protecting the public safety, upon order of that official.
(1989 Code, § 154.225) (Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)