The purpose of this chapter is to provide for the regulation of nonconforming buildings, structures, and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses shall be eliminated. It is the intent of this zoning code that nonconforming buildings, structures and uses shall not be enlarged upon, expanded, or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district except as otherwise specifically permitted herein.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)

A. Authority to Continue Nonconforming Buildings, Structures and Uses. Any nonconforming building, structure, or use which existed lawfully at the time of the adoption of the ordinance codified in this title and which remains or becomes nonconforming upon the adoption of said ordinance or of any subsequent amendment thereto may be continued subject to the following regulations:

1. For the purpose of this chapter, a building or structure shall be deemed to be lawfully established or lawfully existing on the date of adoption of said ordinance if it was established or existed pursuant to a building permit which was lawfully issued prior to such date and on which construction was begun within the period of time required by the applicable building code or, in the case of nonconforming uses, was a permitted or an approved special use pursuant to the Village of Hainesville Zoning Ordinance, or any amendments thereto.

2. To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption of this zoning code or any amendment thereto and upon which actual building construction has been carried on diligently.

3. Repairs or Alterations. Ordinary repairs and nonstructural alterations may be made to a nonconforming building or structure. However, no structural alteration shall be made to a building or structure, all, or substantially all, of which is designed or intended for a use not permitted in the district in which it is located, except those required by law. For the purpose of this section, ordinary repairs and alterations, shall be determined by the zoning administrator. Structural alterations are those which move, increase or otherwise modify any structural support for the building or structure. The replacement of storage tanks where the safety and operation of the installation requires such replacement shall also be permitted. Notwithstanding any of the above requirements, structural alterations may be made to any nonconforming building or structure in a manner so that the entire building or structure and use conform to all regulations of the district in which it is located.

4. Additions and Enlargements. A nonconforming building or structure, other than a single-family dwelling, shall not be added to or enlarged in any manner unless such nonconforming building or structure and use, including all additions and enlargements is made to conform to all regulations of the district in which it is located. A single-family dwelling, nonconforming as to bulk, may be added to or enlarged without seeking a variation if all additions or enlargements conform to all setback, height, and lot coverage limitations of the district in which the property is located.

5. Moving. No building or structure shall be moved in whole or in part to another location unless every portion of such building or structure and its use is made to conform to all regulations of the district in which it is moved.

6. Restoration of Damaged Nonconforming Buildings. A building or structure, which does not conform to the bulk requirements or use restrictions of the district in which it is located, and which is destroyed or damaged by fire or other casualty or other natural hazard outside of human control may be restored only if the cost of restoration to the condition in which it was prior to the destruction or damage is less than fifty (50) percent of the cost of constructing the entire building or structure new. No repairs or restoration shall be made unless such work is started within six months from the date of the partial destruction and is diligently pursued to completion. Notwithstanding any of the above requirements, nothing in this subsection shall preclude the reconstruction of a building in a manner so that the entire building or structure and use conform to all regulations of the district in which it is located.

7. Restoration of Damage to Nonconforming Single-Family Dwellings. Notwithstanding subsection 6 of this section, a single-family dwelling or structure accessory to a single-family dwelling located on a zoning lot which existed prior to the adoption of this zoning code or was lawfully established thereafter and which has less than the required minimum lot width or area, destroyed or damaged by fire or other casualty or other natural hazard outside of human control, may be restored or reconstructed, provided the restored or reconstructed dwelling or accessory structure is not larger than that which was damaged or destroyed and does not exceed the limits established by the footprint of the original structure. If the restored or reconstructed dwelling or accessory structure is to be larger than the damaged or destroyed structure, it shall meet all bulk requirements except lot width and area.

8. Discontinuance of a Nonconforming Building. A building, structure or portion thereof, all, or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is vacant on the effective date of the ordinance codified in this title or thereafter becomes vacant or is not used for a continuous period of one hundred eighty (180) days, shall not, thereafter, be occupied or used except by a use which conforms to the regulations of the district in which it is located.

9. Nonconforming Use of Buildings, Structures, or Parcel. The lawfully existing nonconforming use of all or part of a building, structure, or parcel, may be continued subject to the following provisions:

a. The nonconforming use of part of a building, structure, or parcel shall not be expanded or extended into any other portion of such building, structure or parcel.

b. If a nonconforming use of a building, structure or parcel is discontinued for a period of ninety (90) days, it shall not be renewed.

c. A nonconforming use shall not be changed to another nonconforming use.

10. The casual, intermittent, temporary, or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use. The existence of a nonconforming use on part of a lot, tract, or parcel shall not be construed to establish a right to extend the nonconforming use to the entire lot, tract or parcel.

11. Existing uses which are special uses under the provisions of this zoning ordinance shall not be nonconforming uses but shall require a special use permit for any enlargement, extension, intensification or change of use.

12. Where the legal existing use of a premises is nonconforming as to the parking or loading requirements set forth in Chapter 17.05 or any subsequent amendment thereto, the use may be changed to another permitted use without seeking a variation as to parking or loading requirements provided the new use does not require more parking or loading spaces than the existing use.

(Ord. No. 21-8-316, § 2(Exh. A), 8-24-21)