Hennessey City Zoning Code
NONCONFORMITIES
§ 154.240 PURPOSE; VIOLATIONS.
(A) Purpose.
(1) The purpose of this subchapter is to regulate and restrict uses, structures, lots and signs that were established legally prior to the effective date of this chapter, that no longer conform to the requirements of this subchapter or future ordinance amendments.
(2) All such situations are collectively referred to in this chapter as “nonconformities.”
(3) While nonconformities may continue, this subchapter is intended to achieve their eventual elimination, in order to preserve the integrity of this chapter and the character of the town.
(B) Nonconformities regulated. The following nonconformities are regulated by this section:
(1) Nonconforming uses of land without a building or structure is for nonconforming uses of land where there are no buildings or structures;
(2) Nonconforming uses of conforming buildings is for when the building or structure is conforming but the use is nonconforming; and
(3) Nonconforming buildings and structures that have conforming uses is for nonconforming buildings or structures that have conforming uses.
(C) Violations. Nothing in this section shall be interpreted as authorizing approval of a building or premises in violation of zoning regulations in effect at the time of the effective date of this section.
(Ord. 382, passed 7-8-2021)
§ 154.241 NONCONFORMING USES OF LAND WITHOUT A BUILDING OR STRUCTURE.
The lawful use of land existing at the time of the passage of this chapter, where the aggregate value of all permanent buildings or structures in less than $1,000, even though such use does not conform to the provisions hereof, may continue subject to the following provisions.
(A) Discontinuance. If said nonconforming use or any portion thereof is discontinued for a period of six months, or changed, any future use of such land, or change in use, shall be in conformity with the provisions of the district in which said land is located.
(B) Expansion or movement. A nonconforming use shall not be expanded or moved in whole or in part to any other portion of the lot or parcel on which it is located.
(Ord. 382, passed 7-8-2021)
§ 154.242 NONCONFORMING USES OF CONFORMING BUILDINGS.
If a lawful use, involving conforming individual buildings or structures existing at the effective date of adoption of or amendment to this chapter, becomes nonconforming under the terms of this chapter, said use may continue, subject to the following provisions.
(A) Change of nonconforming uses. A building use may be changed to another nonconforming use of an equal or a more restrictive classification or to a conforming use. However, the use shall not thereafter be changed to a less restricted use. A building permit is required for any structural alterations.
(B) Effect of discontinuance. In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use of the building or premises shall thereafter conform to the use regulations of the district.
(C) Expansion of a nonconforming use. No nonconforming use, except when required by law, shall be enlarged, extended or reconstructed, unless such change is to a use permitted in the district.
(D) Restoration of a damaged use. When a nonconforming use of a building is damaged by fire, explosion, natural cause or public enemy, by more than 50% of its true value, said building shall be restored only if it conforms to the district regulations.
(E) Remodeling. Improvements or remodeling which do not increase the size or intensity of use shall be permitted.
(Ord. 382, passed 7-8-2021)
§ 154.243 NONCONFORMING BUILDINGS AND STRUCTURES THAT HAVE CONFORMING USES.
Although a structure or building does not conform to the district regulations of this chapter for a minimum lot size, lot width, setback requirements, height, coverage, parking, other characteristics of the structure, or its location on the lot, the lawful existence of a structure or building at the effective date of adoption of this chapter may continue, subject to the following provisions.
(A) Alteration or enlargement of buildings and structures.
(1) Generally. A nonconforming building or structure shall not be enlarged in any manner unless said building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located.
(2) Exceptions. If a building or structure is conforming as to use, but nonconforming as to setbacks or height or off-street parking space, the building or structure may be enlarged or added to provided that the enlargement or addition complies with the setback or height requirements and the existing building and the addition complies with the off-street parking requirements of the district in which said building or structure is located.
(B) Restoration of a damaged building. When a nonconforming building is damaged by fire, explosion, natural causes or a public enemy, by more than 50% of its true value, it shall be restored only if it is done in a manner that conforms to the district regulations.
(C) Relocation. No such building shall be moved for any reason for any distance whatever, unless it hereafter conforms to all provisions of the zoning district in its new location.
(D) Remodeling. Improvements or remodeling which do not increase the size or intensity of use shall be permitted.
(Ord. 382, passed 7-8-2021)