Guthrie City Zoning Code
NONCONFORMING USES
§ 153.075 INTENT.
(A) Within the districts established by this chapter or amendments that may later be adopted there exist:
(1) Nonconforming lots;
(2) Nonconforming structures;
(3) Nonconforming uses of land;
(4) Nonconforming uses of land and structures in combination; and
(5) Nonconforming characteristics of use.
(B) There are such nonconformities which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments thereto. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses which are prohibited elsewhere in the same district.
(Ord. 2013-2, passed 2-7-2013)
§ 153.076 INCOMPATIBILITY WITH PERMITTED USES.
Nonconformities are declared by this chapter to be incompatible with permitted uses in the districts in which the use is located. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended or enlarged after the adoption of these regulations, by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which the use is located.
(Ord. 2013-2, passed 2-7-2013)
§ 153.077 AVOIDANCE OF UNDUE HARDSHIP.
(A) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building or development on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently.
(B) Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, the demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently. ACTUAL CONSTRUCTION is hereby defined as work done which is beyond the preparation stage and into that stage where the changes or additions are made permanent.
(Ord. 2013-2, passed 2-7-2013)
§ 153.078 SINGLE NONCONFORMING 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.
(B) Such a lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
(C) This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that, yard dimensions and requirements, other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which the lot is located.
(D) Variances of requirements listed in §§ 153.030 through 153.038, §§ 153.050 through 153.064, §§ 153.115 through 153.118, §§ 153.130 through 153.139, §§ 153.150 through 153.156 and §§ 153.170 through 153.188, other than lot area or lot width, shall be obtained only through action of the Board of Zoning Adjustment as set forth in §§ 153.260 through 153.271.
(Ord. 2013-2, passed 2-7-2013)
§ 153.079 NONCONFORMING LOTS OF RECORD IN COMBINATION.
If two or more lots or a combination 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 with no buildings 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 said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with an area or width below the requirements stated in this chapter.
(Ord. 2013-2, passed 2-7-2013)
§ 153.080 NONCONFORMING USES OF LAND.
Where, at the time of adoption of this chapter, lawful uses of land exist which would not be permitted by the regulations imposed by this chapter, the uses may be continued so long as they remain otherwise lawful; provided:
(A) No such nonconforming uses 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 nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this chapter;
(C) If any such nonconforming uses of land are discontinued or abandoned for more than one year (except when government action impedes access to premises), any subsequent use of the land shall conform to the regulations specified by this chapter for the 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 nonconforming use of land.
(Ord. 2013-2, passed 2-7-2013)
§ 153.081 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk or other requirements concerning the structure, the structure may be continued so long as it remains otherwise unlawful, subject to the following provisions.
(A) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(B) Should the nonconforming structure or nonconforming portion of structure be destroyed by any means, by more than 50%, it shall only be reconstructed in conformity with conditions set forth by the Board of Zoning Adjustment.
(C) Should the 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.
(Ord. 2013-2, passed 2-7-2013)
§ 153.082 NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION.
If a lawful use involving individual structures, 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 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) A nonconforming use may be extended throughout any part of a building which were manifestly arranged or designed for such use 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) If no structural alterations are made, any nonconforming use of a structure or structure and land, may, upon appeal to the Board of Zoning Adjustment, be changed to another nonconforming use provided that the Board of Zoning Adjustment 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 Adjustment may require appropriate conditions and safeguards in accord with other provisions of this chapter.
(D) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
(E) When a nonconforming use of a structure, or structure and land in combination is discontinued or abandoned for more than one year (except when government action impedes access to the premises), the structure or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(F) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. 2013-2, passed 2-7-2013)
§ 153.083 REPAIRS AND MAINTENANCE.
(A) 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 official charged with protecting the public safety, upon order of the official.
(B) If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
(Ord. 2013-2, passed 2-7-2013) Penalty, see § 153.999
§ 153.084 USES UNDER CONDITIONAL USE PROVISIONS ARE NOT NONCONFORMING USES.
Any use which is permitted as a conditional use in a district under the terms of this chapter (other than a change through the Board of Zoning Adjustment’s action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in the district, but shall without further action be considered a conforming use.
(Ord. 2013-2, passed 2-7-2013)