Holly City Zoning Code
NONCONFORMANCE
§ 157.215 INTENT.
(A) It is the intent of this chapter to permit legal nonconforming lots, structures, or uses to continue until they are removed, but not to encourage their survival.
(B) It is recognized that there exists within the districts established by this chapter and subsequent amendments, lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments.
(C) Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. 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 prohibited elsewhere in the same district.
(D) A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would not be permitted generally in the district involved.
(E) (1) 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 prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on.
(2) ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding such demolition or removal shall be deemed to be actual construction, provided, work shall be diligently carried on until completion of the building involved.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.216 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EFFECTIVE DATE. Includes the effective date of any amendments to this chapter if the amendments created a nonconforming situation.
NONCONFORMING BUILDING. A building or portion thereof which was lawfully in existence at the effective date of this chapter, or amendments thereto, that does not meet the limitations on building size, location on a lot, or other regulations for the district in which such building is located.
NONCONFORMING LOT. A lot which was lawfully in existence at the effective date of this chapter, or amendments thereto, that does not meet the minimum area or lot dimensional requirements of the district in which the lot is located.
NONCONFORMING USE. A use which was lawfully in existence at the effective date of this chapter, or amendment thereto, and which does not now conform to the use regulations of this chapter for the zoning district in which it is now located.
STRUCTURAL NONCONFORMITY: A nonconformity that exists when the height, size, or minimum floor space of a structure, or the relationship between an existing building and other buildings or lot lines, does not conform to the standards of the district in which the property is located. Also sometimes referred to as a DIMENSIONAL NONCONFORMITY.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.217 NONCONFORMING LOTS.
(A) (1) Any nonconforming lot shall be used only for a use permitted in the district in which it is located.
(2) 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 buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter.
(3) 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 other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the Board of Appeals.
(B) Upon application, the Administrative Official may permit the combination, in whole or in part, of nonconforming lots of record into building sites less than the size requirements established by this chapter; provided, that the combination of lots reduces the degree of nonconformity and results in a parcel which is capable of accommodating a structure that is in conformance with the building area, setback, and side yard requirements of this chapter.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.218 NONCONFORMING USES OF LAND.
Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made 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 nonconforming 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 nonconforming 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 such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(D) Where nonconforming off-street parking, landscaping, signage, fences, and other similar land uses exist, those uses shall be made to conform to the terms of this chapter when any use, principal or accessory, is expanded either by expansion of the main building or the addition of an accessory building, necessitating site plan changes.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.219 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No such structure may be enlarged or altered in a way which increases its nonconformity. Such structures may be enlarged or altered in a way which does not increase any nonconformities; provided, that all additions or enlargements to principal structures conform with the current maximum height and setback requirements of the district in which the structure is located. Nonconforming accessory structures may be enlarged or altered in conformance with the provisions of § 157.035(C).
(B) Should such structure be destroyed by any means to an extent of more than 50% of its replacement costs, exclusive of the foundation, it shall be reconstructed only 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 removed.
(D) Any nonconforming structure or any structure or portion thereof containing a nonconforming use, may be altered if such alteration serves to decrease the nonconforming nature of the structure or use. The Zoning Board of Appeals shall determine if a proposed alteration will decrease the degree of nonconformity.
(Ord. 259, passed 10-24-1995; Ord. 364, passed 2-12-2004; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.220 NONCONFORMING USES OF STRUCTURES AND LAND.
If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter that would not be permitted 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) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the tune 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 in combination, may be changed to another nonconforming use of the same or a more restricted classification; provided, that the Board of Appeals, either by general rule or by making findings in the specific case, 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 Appeals may require conditions and safeguards in accord with the purpose and intent of this chapter. Where a nonconforming use of a structure, land, or structure and land in combination is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.
(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 in which such structure is located, and the nonconforming use may not thereafter be resumed.
(E) When a nonconforming use of a structure, or structures and land in combination, is discontinued or ceases to exist for 180 consecutive days the structure, or structure and land in combination, shall not thereafter be used, except in conformance with the regulations of the district in which it is located. structures occupied by seasonal uses shall be excepted from this provision.
(F) Where nonconformity 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. 259, passed 10-24-1995; Ord. 364, passed 2-12-2004; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.221 NONCONFORMING SITES.
(A) The intent of this section is to permit improvements and minor modifications, as described in §§ 157.165 through 157.176, “Landscape Standards” and §§ 157.190 through 157.204, “Site Plan Review and Approval”, to a conforming use and building which does not meet all of the various site improvement related regulations of this chapter. The purpose is to allow gradual compliance with the site related requirements for sites which predate the various zoning ordinance standards for landscaping, paving, and other non-safety site related items.
(B) Such improvements or expansions may be permitted without a complete upgrade of all site elements under the following conditions:
(1) The applicant is proposing reasonable site improvements in relation to the scale and construction cost of the building improvements or expansion;
(2) The applicant has addressed safety related site issues;
(3) The applicant has upgraded the site landscaping consistent with § 157.167; and
(4) The improvements or minor expansion will not increase noncompliance with site requirements.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.222 REPAIRS AND MAINTENANCE.
(A) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing to an extent not exceeding 50% of the assessed value of the building; provided, that the cubic 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 official charged with protecting the public safety, upon order of such official.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.223 USES UNDER EXCEPTION PROVISIONS NOT NONCONFORMING USES.
Any use for which a special exception is permitted as provided in this chapter shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such district.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.224 CHANGE OF TENANCY OR OWNERSHIP.
There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, structures, and land in combination.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.225 DECLARATION OF NONCONFORMING BUILDING OR USE.
(A) Survey. The Zoning Official shall, upon the discretion of the Planning Commission and/or Zoning Commission, as required, compile a list of existing nonconforming buildings, structures, and uses within a category as of a specific date. Structures, buildings, and uses in existence prior to the enactment of this chapter or a section of this chapter shall be considered existing legal nonconforming uses.
(B) Maintenance of record.
(1) The Zoning Official shall maintain a record of such nonconforming uses, structures, and buildings, which shall be organized by survey sections, and wherever possible, by named plats within sections.
(2) Periodic review shall be made of this record. Abandonment of buildings, structures, or uses shall be reported to the Planning Commission and/or Zoning Commission, as required, and the Village Council by the Zoning Official.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)