74.1.1 Definitions. For the purposes of this section, the following words, terms, or phrases shall have the following meanings:

Affiliate means a person who controls, is controlled by, or is under common control with another person. An affiliate of an individual may include, but is not necessarily limited to, that person's spouse or relative, or an individual having the same home as the individual; or an entity of which the individual is a person serving as part of the governing or controlling authority of the entity.

Common ownership means owned by the same person or his affiliate.

Contiguous lot means one or more lots which share a common boundary line.

Lot shall have the same meaning ascribed to it in section 3.1 of this ordinance.

Nonconforming lot of record means a full platted lot that was platted and recorded prior to March 21, 1963, in the real estate records of the office of the probate judge in the county in which the lot is situated, and which lot does not conform to the minimum lot area or lot width requirements for the district in which it is located.

Unified lot means two or more contiguous lots that are so integrated, through common or dependent structures or reliance on the other to meet setback requirements, as to form a unified whole.

74.1.2 Nonconforming lots of record. Subject to section 74.1.3, a nonconforming lot of record may be used for a permitted use, except apartments and duplexes, nonetheless provided:

(1)

The lot has a minimum width of 40 feet and a minimum area of 4,000 square feet, except as permitted in a Residence 2-C District;

(2)

The lot abuts an all-weather street and has not less than 20 feet frontage;

(3)

The proposed building conforms to all yard requirements for the district; and

(4)

The water supply and sewage disposal meet all health requirements.

Where two or more contiguous lots under common ownership are sufficient to create one lot of dimensions conforming to the requirements for the district in which the lots are located but the lots are not sufficient for the creation of two or more fully conforming lots, then all of the said lots shall be deemed merged into one lot.

74.1.3 Unified lots. Unified lots under common ownership are deemed to be merged.

(Ord. No. 14-318, § 1, 10-23-2014)

Editor's note— Ord. No. 14-318, § 1, adopted Oct. 23, 2014, repealed former § 74.1 and enacted a new § 74.1 as set out herein. The former section pertained to similar subject matter.

Where, at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

74.2.1. No such nonconforming use shall be enlarged, increased or expanded to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.

74.2.2. 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 ordinance.

74.2.3. If any such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of land shall conform to the regulations specified by this ordinance for the district in which such land is located and continuance of said use after said period is specifically prohibited.

Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restriction 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:

74.3.1. No such structure may be enlarged or altered in a way which increases its nonconformity.

74.3.2. Should such structure be destroyed by any means to an extent of 50 percent or more of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.

74.3.3. 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.

If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

74.4.1. 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.

74.4.2. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided the board of adjustment, 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 adjustment may require appropriate conditions and safeguards in accord with the provisions of this ordinance.

74.4.3. 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.

74.4.4. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

74.4.5. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof.

Any use for which a special exception is permitted as provided in this ordinance shall not be deemed a nonconforming use in such district.

Extraction activities that are functioning at the time of adoption of this amendment shall submit the following information to the manager of natural resources and environmental management within three months of the date of adoption of said amendment:

An area is deemed to have been in use for extraction if overburden in such area has been removed during the previous 12 months in preparation for extraction or if the land has been cleared and grubbed in preparation for extraction.

74.7.1. Legal description of the extraction site, including the total acreage.

74.7.2. Copies of all instruments as required by section 73.17.2.

74.7.3. Vicinity map as defined by section 73.17.3.

The owner of each telecommunications tower erected within the Huntsville, Alabama, corporate limits prior to adoption of this amendment to the zoning ordinance shall submit the following information to the City of Huntsville zoning administrator within six months of the date of adoption of this amendment. Failure to comply with this inventory shall be a violation of the zoning ordinance.

74.8.1. Name, address and telephone number of tower owner.

74.8.2. Location of the tower by street address and legal description.

74.8.3. Date of construction of tower.

74.8.4. Height of tower from natural grade to the highest point whether of the tower or of an antenna, and the elevation of each existing antenna or array of antennas.

74.8.5. Names of all users having collocated antennas on the tower.

74.8.6. Copies of all federal approvals, permits and licenses for the tower.

74.8.7. Approval dates for any variances or special exceptions granted for the tower or its accessory structure.

(Ord. No. 96-1008, § 5, 1-23-1997; Ord. No. 07-460, § 9, 6-28-2007)