Huntington City Zoning Code
ARTICLE XV
Nonconforming Uses
§ 198-102 Continuation of existing uses.
[Amended 6-14-2022 by L.L. No. 16-2022]
The lawful use of any land, building or structure existing at the time of passage of this chapter may be continued, provided same has not lapsed pursuant to § 198-105, and such use may be extended throughout a building but shall not be extended in use of the land, except as otherwise provided in this article, although such use does not conform to the provisions of this chapter.
§ 198-103 Structural alterations.
[Amended 1-26-1999 by L.L. No. 2-1999]
A.
A building occupied by a nonconforming use shall not be extended except when required by law or to adapt the building to a conforming use, provided that such extension does not create any new nonconforming bulk in the building.
B.
A nonconforming building shall not be structurally altered to create any new nonconforming bulk in the building.
§ 198-104 Change of use.
[Amended 6-14-2022 by L.L. No. 16-2022]
An existing, nonconforming use may be changed to a conforming use or, on application to and with approval of the Board of Appeals, to any use which the Board shall find to be less intensive and more in character with the uses permitted in the district in which the nonconforming use is located. Once changed to a conforming use or to a use approved by the Board of Appeals under this section, the former nonconforming use shall be deemed to have terminated, and no building or land shall revert to a former nonconforming use.
§ 198-105 Cessation of use.
If active and continuous operation of a nonconforming use is not carried on for a period of one (1) year, the building or land on which such use was conducted shall thereafter be used only in conformance with the regulations of the district in which the premises is situated. The casual or intermittent use of land shall not establish the existence of a lawful nonconforming use.
§ 198-106 Reconstruction of damaged structures.
A.
No building damaged by any cause to the extent of more than fifty (50%) percent of the reconstruction cost of the total structure shall be reconstructed except in conformance with the regulations of the district in which it is located.
B.
If a building occupied by a nonconforming use is damaged by any cause to the extent of less than fifty (50%) percent of the reconstruction cost of the total structure, it may be reconstructed and used as before the time of damage, provided that such reconstruction shall be substantially completed within one (1) year of the date of such damage.[1]
[1]
Editor's Note: Original Section 62-16.6, Termination of certain nonconforming uses, as amended, which immediately followed this subsection, was deleted and repealed 2-6-1979 by Ord. No. 79-ZC-91. That section was no longer of any effect.
§ 198-107 Extension or remodeling of structures used for nonconforming nonresidential uses.
A.
Notwithstanding any other provision of this chapter, a structure used for a nonconforming use on nonresidentially zoned premises, excepting nonconforming uses or structures situated in a General Industry District, may be extended or remodeled, provided no structure devoted to such nonconforming use may be extended or remodeled to an extent exceeding twenty-five (25%) percent of its gross floor area existing at the time of the enactment of this chapter or any amendment thereto, and provided further that the Board of Appeals shall find that:
(1)
Practical difficulties prevail in operating the premises or structure in the presently existing nonconforming manner, and the proposed extension or remodeling would constitute a reasonable adjustment of the existing nonconforming use.
(2)
The proposed extension or remodeling will reduce the deleterious effect on the neighborhood of the existing nonconforming use. In determining deleterious effect, the Board of Appeals shall take into consideration, among other things, traffic generated, nuisance characteristics, hours and manner of operation, total ground area covered by structure and the appearance and condition of premises.
(3)
The proposed extension or remodeling will not be more incompatible with nor adversely alter the nature and character of the neighborhood and neighborhood structures, or prejudice value of adjoining properties.
(4)
Adequate on-site parking and loading space will be provided for all potential users.
(5)
The proposed extension or remodeling will not cause or increase traffic congestion or traffic hazards and will not unduly restrict fire and police protection of the premises.
B.
In addition, the Board of Appeals, in granting a special use permit under this section, may also prescribe such further conditions or restrictions with respect to both the proposed extension or remodeling and the existing nonconforming structure or use as in its opinion will increase the compatibility of the nonconforming use, as extended or remodeled, with the general neighborhood, including but not limited to landscaping, redecoration, structural improvements, manner of operation and elimination of offensive uses or procedures.
§ 198-107.1 Nonconforming use designated as an affirmative defense.
[Added 4-1-1997 by L.L. No. 8-1997]
In any prosecution for a violation of the provisions of this chapter, it is an affirmative defense that the building, structure or use is a nonconforming use as defined in § 198-2. A defendant who raises this affirmative defense must plead and prove it by a preponderance of the evidence.