Hubbard City Zoning Code
ARTICLE 7
NONCONFORMING USES, STRUCTURES AND PARCELS
§ 7-1 Nonconforming Uses Regulated.
7-1.01
Purpose.
The purpose of this section is to make the Ordinance more workable, legal and not to impose unnecessary hardships on individuals who have established certain uses before the enactment of the Zoning Ordinance. Certain privileges are accorded such uses. It is the long-range objective, however, that such uses will ultimately be eliminated by attrition or other means.
7-1.02
Nonconforming Uses Established.
The lawful use of land or a building existing at the time of passage of this Ordinance or any amendment thereto may be continued, although such use does not conform to all the provisions of this Ordinance, except as hereinafter provided.
7-1.03
Nonconforming Use of Land.
A.
General rule.
A nonconforming use of land may be continued, including through a transfer of ownership; provided that the use shall not be enlarged or increased, nor be extended to occupy a greater area of land than it lawfully occupied before becoming nonconforming.
B.
Nonconforming use in a conforming structure.
A nonconforming land use within a conforming structure may be expanded or replaced with a similar use with approval by the Board of Adjustment as a special exception, as follows:
1.
Expansion of use.
A nonconforming use within a portion of a structure may be extended throughout the structure; and
2.
Substitution of use.
A nonconforming use within a structure may be changed to another nonconforming use of similar type; except that if a nonconforming use is changed to a conforming use, no nonconforming use may be established thereafter.
7-1.04
Nonconforming Structure.
A.
Nonresidential or multifamily structure.
A nonconforming structure may be enlarged, extended, reconstructed, or relocated on the site as a special exception approved by the Board of Adjustment, if the changes comply with all applicable provisions of this Ordinance; provided that the Board of Adjustment first finds that the additional work is compatible with neighboring uses and would not adversely impact neighboring properties;
B.
Single dwelling.
A single dwelling, including its garage, that is nonconforming with respect to setback requirements, height limits, or other development standards may undergo interior modifications in compliance with Building Code requirements without limitation by this Chapter. Exterior modifications that go beyond the prior structure footprint may be allowed as follows:
1.
The Zoning Administrator may approve an addition to a nonconforming single-family dwelling where the addition complies with applicable setback requirements and other provisions of this ordinance;
2.
An addition that encroaches into a required setback no further than an existing nonconforming portion of the structure may be allowed provided the addition is less than 25 percent of the total floor area of the existing structure; and that it complies with Building Code requirements.
7-1.05
Discontinuance of a Nonconforming Use.
If a nonconforming use of a building or premises is discontinued for a period of one year or more, the use of such building or premises then must conform to the use regulations of the District in which it is located.
7-1.06
Damage to Nonconforming Use.
No building or structure which has been damaged by any cause whatsoever to the extent of more than fifty percent (50%) of the fair market value of the building immediately prior to the damage, shall be restored except in conformity with the regulations of this Ordinance, and all rights as a nonconforming use are terminated. If a building or structure is damaged by less than fifty percent (50%) of its fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within twelve (12) months of the date of such damage.
7-1.07
Intermittent and Illegal Uses.
The occasional, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot. Passage of this ordinance in no way legalizes any illegal use existing at the time of its adoption.
7-1.08
Discontinuance of Nonconforming Uses.
A.
Where a premises in any R District is used for open storage, such uses must be discontinued and the stored material removed within three (3) years after the effective date of this Ordinance.
B.
The nonconforming use of building, structure, or land that has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned when:
1.
The intent of the owner to discontinue the use is apparent; or
2.
The characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one (1) year; or
3.
A nonconforming building, structure, or land, or portion thereof, which is, or hereafter, becomes vacant and remains unoccupied for a period of one (1) year; or
4.
A nonconforming use has been replaced by a conforming use.
7-1.09
All nonconforming uses and structures shall be brought into conformance in ten (10) years from date of passage of this Ordinance; council may review annual extensions for five (5) additional years as related to the use, considering such things as investment, use, surrounding area and other factors. Where the enforcement of this section would impose an undue hardship on any property owner, said property owner shall have the right to appeal for relief to the Board of Adjustments.
(Ordinance 081115-02 adopted 8/11/15)
§ 7-2 Land Not Platted.
Land not platted into individual lots inside the City limits or extraterritorial jurisdiction must be platted and meet all requirements of the City of Hubbard Subdivision Ordinance before a building permit can be issued. The plat must have City approval before the plat can be recorded at the courthouse and the new lots sold.
(Ordinance 081115-02 adopted 8/11/15)