Hutchinson City Zoning Code
NON-CONFORMING LOTS
USES AND STRUCTURES
§ 154.155 INTENT.
(A) (1) Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited under the terms of this chapter or future amendment.
(2) It is the intent of this chapter to phase out these non-conforming uses within a reasonable time period while retaining full economic value. These 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 non-conformities 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.
(B) However, in the case that the structure itself is now non-conforming as to the special setback requirements, but was built in accordance with the 1962 City Zoning Ordinance, that structure might be granted a conditional use permit to expand, providing that expansion would not be violating the provisions of the 1962 ordinance and when it appears that the issuance of a conditional use permit is in the best interest of the city and the public.
(C) A non-conforming use of a structure, a non-conforming use of land or a non-conforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment of additional signs to a building, or the placement of additional signs to a building, or the placement of additional signs or display devices on the land outside the building, or by the addition of other uses, if the additions are of a nature which would be prohibited generally in the district involved.
(D) (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 and upon which actual building construction has been diligently carried on.
(2) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
ACTUAL CONSTRUCTION. Includes the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination and removal of an existing structure in connection with that construction; provided that, ACTUAL CONSTRUCTION work shall be diligently carried on until the completion of the building involved.
(2004 Code, § 154.150) (Ord. 464, passed 1- -1996)
§ 154.156 NON-CONFORMING LOTS OF RECORD.
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 building may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though the lot fails to meet the requirements for area, width or depth that are generally applicable in the zoning district; provided that, other requirements not involving lot dimensions or area of lot shall conform to the regulations for the district in which the lot is located. Variance of yard dimensions and other requirements shall be obtained only through action of the city’s Planning Commission. Existing platted lots and lot splits prior to 1-1-1992 do not need a variance for compliance with dimensional tabulations.
(2004 Code, § 154.151) (Ord. 464, passed 1- -1996)
§ 154.157 NON-CONFORMING USES OF LAND.
(A) Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is no longer permissible under the terms of this chapter as enacted or amended, that use may be continued so long as it remains otherwise lawful.
(B) The continued use is subject to the following provisions.
(1) No non-conforming 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.
(2) No non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by that use at the effective date of adoption or amendment of this chapter.
(3) If any non-conforming use of land ceases for any reason for a period of more than one year, any subsequent use of that land shall conform to the regulations specified by this chapter for the district in which the land is located.
(2004 Code, § 154.152) (Ord. 464, passed 1- -1996)
§ 154.158 NON-CONFORMING USES OF STRUCTURES.
(A) If a lawful use of a structure, or of a structure and premises in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful.
(B) The continued use is subject to the following provisions.
(1) No structure thus described may be enlarged, extended, converted, reconstructed or structurally altered unless the use of the structure is changed to one permitted within the district in which the building is located. The non-conforming use shall not thereafter be resumed.
(2) Should the structure be destroyed by any means to an extent of more than 50% of its assessed market value at time of destruction, it may be reconstructed if a building permit is applied for within 180 days from the date of destruction and the non-conformity is not increased. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.
(3) Should the 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 moved.
(4) When a non-conforming use of a structure, or a structure and premises in combination, is discontinued or abandoned for more than one year, 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.
(5) When a non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.
(6) If any non-conforming structure in the floodway or flood fringe district is destroyed by any means, including floods, to an extent of 50% or more of its market value at time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter. However, the city may issue a conditional use permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately floodproofed, elevated or otherwise protected in conformity with §§ 154.085 through 154.098 of this chapter, to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway.
(7) An alteration or addition to any non-conforming structure located only in the flood plain which would result in substantially increasing its damage potential shall be protected in accordance with §§ 154.085 through 154.098 of this chapter.
(2004 Code, § 154.153) (Ord. 464, passed 1- -1996; Ord. 07-0468, passed 9-11-2007) Penalty, see § 154.999
§ 154.159 REPAIRS AND MAINTENANCE.
(A) On any building devoted in whole or in part to any non-conforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing; provided that, the cubic space 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 city official charged with protecting the public safety, upon order of that official, or the reconditioning required by updated building codes, fire codes or energy codes.
(2004 Code, § 154.154) (Ord. 464, passed 1- -1996)
