Hamilton City Zoning Code

A.

Intent.

1.

The regulations of this chapter govern nonconformities, which are lots, uses, and structures that were lawfully established but, because of annexation or the adoption of new or amended regulations, no longer comply with one or more requirements of this title.

2.

The intent of this chapter is to clarify the regulation and effect of such nonconformities and avoid confusion with buildings and uses that were unlawfully established in violation of this title. This chapter is further intended to recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established; promote maintenance, reuse and rehabilitation of existing buildings; and place reasonable limits on nonconformities that have the potential to adversely impact health, safety and general welfare of surrounding properties or the general public.

3.

Nothing in this chapter shall be deemed to prevent the routine repair and maintenance of a nonconforming structure.

4.

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 authorized official charged with protecting public health, safety, or general welfare.

B.

Right to continue.

1.

Unless expressly stated otherwise, any nonconformity may be continued in accordance with this title in the event of the following circumstances:

a.

The nonconformity existed on the effective date of adoption of the ordinance codified in this title;

b.

An amendment to this title causes a lot, use, or structure to become a nonconformity; or

c.

An annexation, and resulting City of Hamilton zoning designation, causes a lot, use, or structure to become a nonconformity.

2.

Nothing in this chapter shall be deemed to require a change in the plans or construction if a building permit has been issued or a variance approved prior to the effective date of adoption or amendment of the ordinance codified in this title.

(Ord. No. 452, Exh. A, 1-20-26)

A.

Description.

1.

A nonconforming use is a land use that was lawfully established in accordance with all zoning regulations in effect at the time of its establishment but that is no longer allowed by the use regulations of the zoning district in which the use is now located. Lawfully established uses that do not comply with any applicable separation (or spacing) distance requirements (e.g., those that require one land use to be located a certain minimum distance from another land use) are also deemed nonconforming uses.

B.

Change of use.

1.

A nonconforming use may be changed to any other use that is allowed in the subject zoning district. Once changed to a conforming use, a nonconforming use may not be re-established on the subject lot.

C.

Expansion of use.

1.

Unless otherwise expressly stated, the zoning administrator is authorized to approve expansion of a nonconforming use into another part of the same building as that building existed on the date that the use became nonconforming, provided that the zoning administrator determines that such expansion:

a.

Will not result in a violation of off-street parking or loading requirements;

b.

Will not violate any applicable lot or building standards of the subject zoning district; and

c.

Will not create adverse impact on the health, safety, or general welfare of surrounding property owners or the general public.

2.

Nonconforming use expansions other than those authorized under subsection 17.32.020.C.1, may only be approved as a variance in accordance with Section 17.12.070.

D.

Moving.

1.

A nonconforming use may be moved in whole or in part to another location on the same lot only if the movement or relocation eliminates or reduces the extent of nonconformity.

2.

A nonconforming use may be moved to another lot only if the use is allowed under the zoning regulations that apply to that lot.

E.

Abandonment.

1.

Abandonment of a legal nonconforming use is only applicable to commercial and industrial uses for which there has been a cessation of nonconforming use or activity.

2.

Should any nonconforming commercial or industrial use cease for any reason for a period of more than two years, any subsequent use of the land or structure shall conform to the regulations specified by this Title.

3.

Any nonconforming residential use or density may be continued after being abandoned for any length of time.

4.

Any period of discontinued use caused by government action, unintended fire, or natural disaster will not be counted in calculating the length of discontinuance.

F.

Maintenance and replacement.

1.

A building in which a nonconforming use is located may be remodeled or otherwise improved as long as the remodeling or improvements do not increase the degree of nonconformity or violate other regulations of this title.

2.

A building containing a nonconforming use may be replaced and the use continued (whether due to intentional or accidental destruction) without the loss of nonconforming status provided that no new nonconformities are created and that the existing degree of nonconformity is not increased.

(Ord. No. 452, Exh. A, 1-20-26)

A.

Description.

1.

A nonconforming structure is any building or structure, other than a sign, that was lawfully established in accordance with all zoning regulations in effect at the time if its establishment but which no longer complies with the site and structure regulations of the zoning district in which it is located.

2.

Nonconforming structures may remain, subject to the regulations of this chapter.

B.

Alterations.

1.

Alterations, including enlargements and expansions, are permitted if the proposed alteration or expansion complies with all applicable zoning and building standards, and does not increase the nonconformity of a nonconforming structure. For example, a building with a nonconforming front yard setback, may be expanded to the rear as long as the rear expansion complies with applicable rear and side yard setback standards and all other applicable zoning and building standards. On the other hand, a multi-dwelling building that is nonconforming with regard to density (i.e., contains more dwelling units than allowed by the underlying zoning) may not be expanded to add additional dwelling units.

2.

Expansion of nonconforming one-unit residential dwelling units and nonconforming accessory dwelling units.

a.

A one-unit residential building or accessory dwelling unit that is nonconforming because it encroaches into side yard setbacks and is not closer than three feet to the subject side property line may be expanded up to fifteen (15) feet along the existing nonconforming building line.

b.

A one-unit residential building or accessory dwelling unit may be expanded vertically in alignment with a nonconforming front, side, or rear yard setback to the permitted height of the subject zoning district and will not be considered to increase the non-conformity.

c.

In both of the cases above, the following standards apply:

(i)

When building height or length is increased within a side setback, doors and windows on the wall facing the subject side setback are prohibited closer than ten feet from the adjacent building or required setback for the adjacent building, whichever is closer.

(ii)

All other building requirements and development standards of the subject zoning district must be met.

C.

Use.

1.

A nonconforming structure may be used for any use allowed in the zoning district in which it is located.

D.

Moving.

1.

A nonconforming structure may be moved in whole or in part to another location only if the movement or relocation eliminates or reduces the extent of nonconformity. A nonconforming structure may be moved to another lot only if the structure would comply with the zoning regulations that apply to that lot.

E.

Replacement.

1.

A nonconforming structure that is nonconforming because it encroaches into front, side, or rear yard setbacks may be replaced with the same encroachments as the existing nonconforming structure without the loss of nonconforming status provided that no new nonconformities are created and that the existing degree of nonconformity is not increased.

2.

Newly constructed or replaced structures may not apply subsection 17.32.030.B.2 at the time of construction or in the future.

3.

Replacement of a nonconforming structure requires a building permit be obtained within twenty-four (24) months of the date the structure is removed or demolished, otherwise the nonconforming status is lost.

(Ord. No. 452, Exh. A, 1-20-26)

A.

Description.

1.

A nonconforming lot is a lawfully created tract of record, shown on a plat or survey map recorded in the office of the county clerk and recorder that does not comply with all applicable minimum lot area or lot width standards of the zoning district in which the lot is located.

B.

Use of nonconforming lots.

1.

Any nonconforming lot in the R-1, R-2, R-3, or B district may be used as a building site for a single detached dwelling unit, except as expressly stated in subsections 17.32.040.B.3 and 17.32.040.B.4.

2.

In nonresidential zoning districts, a nonconforming lot may be used as a building site and developed with a use allowed in the subject zoning district, except as expressly stated in subsections 17.32.040.B.3 and 17.32.040.B.4.

3.

When two contiguous lots are held in common ownership, and when both of the lots are nonconforming lots, they will be deemed a single lot for the purpose of meeting applicable lot area and lot width requirements of the zoning district in which they are located. This provision treats contiguous lots under common ownership as merged for the purposes of the zoning regulations but does not aggregate individual lots.

4.

A nonconforming lot may not be used as a building site if the land area resulted from the removal or destruction of a structure that utilized contiguous nonconforming lots as a single building site.

5.

Development on nonconforming lots shall comply with all other applicable zoning and building standards of the subject zoning district unless otherwise expressly stated.

(Ord. No. 452, Exh. A, 1-20-26)

A.

Description.

1.

A nonconforming mobile home is a mobile home as defined in Section 17.34.020, that was lawfully established in accordance with all zoning regulations in effect at the time of its establishment but which no longer complies with the use or site and structure regulations of the zoning district in which it is located.

2.

Nonconforming mobile homes may remain, subject to the regulations of this chapter.

B.

Moving and expansion.

1.

A nonconforming mobile home may be moved to another location on the same lot only if the movement or relocation does not increase the extent of nonconformity.

2.

A nonconforming mobile home may be moved to another lot only if the mobile home would comply with the zoning regulations that apply to that lot.

3.

Alterations, including enlargements and expansions, of nonconforming mobile homes are permitted if the proposed alteration or expansion complies with all applicable zoning and building standards, and does not increase the nonconformity of a nonconforming mobile home.

C.

Replacement.

1.

A nonconforming mobile home that is nonconforming due to use or because it encroaches into front, side, or rear yard setbacks may be replaced with the same use and setback encroachments as the existing nonconforming mobile home without the loss of nonconforming status provided that:

a.

No new nonconformities are created and that the existing degree of nonconformity is not increased;

b.

The footprint of the replacement mobile home does not increase by more than ten percent;

c.

The replacement mobile home meets all other applicable zoning and building standards;

d.

The replacement mobile home does not adversely impact health, safety or general welfare of surrounding properties or the general public, as determined by the zoning administrator.

D.

Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any mobile home or part thereof declared to be unsafe by any authorized official with protecting the public safety.

(Ord. No. 452, Exh. A, 1-20-26)