Hector City Zoning Code
NON-CONFORMING LOTS
USES, AND STRUCTURES
§ 151.020 INTENT.
(A) Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited under the terms of this chapter or future amendment.
(B) It is the intent of this chapter to phase out such non-conforming uses within a reasonable time period while retaining full economic value. Such uses are declared by this chapter to be incompatible with permitted uses in the district involved. It is further the intent of this chapter that non-conformities shall not be enlarged upon, expanded, or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(C) However, in the case that the structure itself is now non-conforming as to the special setback requirements, but was built in accordance with the 1979 city zoning ordinance, that structure might be granted a conditional use permit to expand, providing that expansion would not be violating the provisions of the 1979 ordinance and it appears that such issuance of a conditional use permit is in the best interest of the city and the public.
(D) A non-conforming use of a structure, a non-conforming use of land or a non-conforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment of additional signs to a building, or the placement of additional signs to a building, or the placement of additional signs or display devices on the land outside the building, or by the addition of other uses, if such additions are of a nature which would be prohibited generally in the district involved.
(E) 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 on which actual construction was lawfully begun by the obtaining a zoning permit and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination, and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved.
(Prior Code, § 151.015) (Ord. 149, passed 3-9-1998)
§ 151.021 NON-CONFORMING LOTS OF RECORD.
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements for area, width, or depth that are generally applicable in the zoning district, provided that other requirements not involving lot dimensions or area of lot shall conform to the regulations for the district in which such lot is located. Variance of yard dimensions and other requirements shall be obtained only through action of the City Planning Commission and City Council. Existing platted lots and lot splits prior to the effective date of this chapter do not need a variance for compliance with dimensional tabulations.
(Prior Code, § 151.016) (Ord. 149, passed 3-9-1998)
§ 151.022 NON-CONFORMING USES OF LAND.
Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is no longer permissible under the terms of this chapter as enacted or amended, such 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 other portion of the lot or parcel occupied by such 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 one year, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(Prior Code, § 151.017) (Ord. 149, passed 3-9-1998)
§ 151.023 NON-CONFORMING STRUCTURES.
If a lawful use of a structure, or of structure and premises 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 such structure may be enlarged, extended, converted, reconstructed, or structurally altered unless the use of the structure is changed to one permitted within the district in which such building is located. The non-conforming use shall thereafter be resumed.
(B) Should such structure be destroyed by any means to an extent of more than 50% of its fair market value at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
(C) Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(D) When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for more than one year, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(E) When a 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.
(Prior Code, § 151.018) (Ord. 149, passed 3-9-1998)
§ 151.024 REPAIRS AND MAINTENANCE.
(A) On any building devoted in whole or in part to any non-conforming use, normal repair and maintenance may be done provided that the cubic space content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
(B) 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 such official or the reconditioning required by updated building codes, fire codes, or energy codes.
(Prior Code, § 151.019) (Ord. 149, passed 3-9-1998)