Horizon City City Zoning Code
CHAPTER 11
NONCONFORMING LOTS, USES OF LAND AND STRUCTURES, USES OF STRUCTURES AND PREMISES, AND CHARACTERISTICS OF USE
§ 1101 General.
1101.1
Nonconforming Lots, Structures, Uses and Characteristics of Uses
Within the districts established by this ordinance or amendments that may later be adopted there exist:
A.
lots,
B.
structures,
C.
uses of land and structures, and
D.
characteristics of use that were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this ordinance 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. It is not the intent of this ordinance to authorize, and this ordinance shall not be construed to authorize, uses which constitute public or private nuisances or are otherwise prohibited by law or regulations.
Nonconforming uses are declared by this ordinance to be incompatible with, or not within the meaning of, permitted uses in the district in which located. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this ordinance by attachment or additions on a building or premises or by placement of additional signs intended to be seen by off premises or by the addition of other uses, of a nature which would not be permitted generally in the district involved. |
To avoid undue hardship, nothing in this ordinance 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 ordinance and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition, or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be carried on diligently. |
1101.2
Nonconforming Uses of Land with Minor Structures
Where at the time of passage of this ordinance, lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, and where such uses involve no individual structure with a placement cost exceeding $1,000, the use may be continued so long as it remains otherwise lawful, provided:
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 ordinance;
B.
No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this ordinance;
C.
If any 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 ordinance for the district in which such land is located;
D.
No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such nonconforming use of land.
1101.3
Nonconforming Structures
Where a lawful structure exists at the effective date of adoption of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.
No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;
B.
Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance;
C.
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
D.
Should such structure have a change in ownership for any reason whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
1101.4
Nonconforming Uses of Structures or of Structures and Premises in Combination
If lawful use involving individual structures with a replacement cost of $1,000 or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of terms of this ordinance, 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 ordinance 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 at the time of adoption of this ordinance, but no such use shall be extended to occupy any land outside such building;
C.
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, and the nonconforming use may not thereafter be resumed;
D.
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 3 consecutive months or for 12 months during any 3-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located;
E.
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at time of destruction.
1101.5
Repairs and Maintenance
On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 10 percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the enclosed area existing when it became nonconforming shall not be increased.
If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.
Nothing in this ordinance 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, if such official so orders the strengthening or restoring.
1101.6
Uses Under Special Exception Provisions Not Nonconforming Uses
Any use which is permitted as a special exception or a variance from the terms of this ordinance (other than a change through Board of Adjustment action from a nonconforming use to another nonconforming use) shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.
(Ordinance 0102 adopted 1/14/03)