Hyde Park City Zoning Code

1. A nonconforming building or structure existing at the time the applicable zoning regulations become effective  may be maintained.
2. Repairs and structural alterations may likewise be made to such a nonconforming building.
3. A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or Act of God or the public enemy, may be restored and the occupancy or use of such building, structure or part thereof that existed at the time of such partial destruction may be continued or resumed, provided that such restoration is started within a period of one (1) year and is diligently prosecuted to completion.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2024-04 on 2/14/2024

1. A building or structure nonconforming as to use regulations shall not be added to or enlarged in any manner, unless such building or structure, including such additions and enlargements, is made to conform to all the regulations of the zone in which it is located.
2. A building or structure nonconforming as to height, area or yard regulations shall not be added to or enlarged in any manner unless such addition and enlargement conforms to all the regulations of the zone in which it is located.
3. A building or structure lacking sufficient automobile parking space in connection therewith as required by this zoning ordinance may be altered or enlarged, provided additional automobile parking space is supplied to meet the requirements of this zoning ordinance for such alterations or enlargements.
4. No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, unless every portion of such building or structure is made to conform to all the regulations of the zone in which it will be located.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

A nonconforming building or structure or portion thereof shall be deemed abandoned by non-use during a continuous period of one (1) year.  If a nonconforming building or structure or portion thereof has been or shall be abandoned, the same shall not thereafter be occupied or used except for a use which conforms to the use regulations of the zone in which it is located. 

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

1. The nonconforming use of a building or structure existing at the time the applicable zoning regulations become effective may be continued.
2. A vacant nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended if so occupied within a period of one (1) year after the building or structure became nonconforming.
3. A nonconforming use may be extended to include the entire floor area of the existing building in which it was conducted at the time use became nonconforming.
4. Except by permit of the Board of Adjustment, the nonconforming use of a building or structure may not be changed except to a conforming use; but where such change is made to a conforming use, the use shall not thereafter be changed back to a nonconforming use.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

The nonconforming use of a building or structure or portion thereof shall be deemed abandoned by non-use during a continuous period of one (1) year.  If a nonconforming use of any such building or structure or portion thereof has been or shall be abandoned, the same shall not thereafter be occupied or used except for a use which conforms to the use regulations of the zone in which it is located.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

A nonconforming use of a tract of land or portion thereof may be continued.  No such nonconforming use of land shall in any way be expanded or extended either on the same or any adjoining tract of land.  A nonconforming use of land shall be deemed abandoned by non-use for a period of one (1) year.  If a nonconforming use of land has been or shall become abandoned, such land shall not thereafter be used or occupied except for a use which conforms to the use regulations of the zone in which the use is located.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Any building structure, or use for which a valid building permit has been issued and actual construction was lawfully begun prior to the effective date of this Zoning Ordinance, or amendments to this Zoning Ordinance, may be completed and used in accordance with the plans, specifications and permit on which said building permit was granted.  Actual construction is hereby defined to be the actual placing of construction materials in their permanent position, fastened in a permanent manner, actual work in excavating a basement or the demolition or removal of an existing structure begun preparatory to rebuilding; provided that in all cases actual construction work shall be diligently carried on until the completion of the building or structure involved. 

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Signs permitted with nonconforming uses are outlined in 12.90, "Sign Regulations". 

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Any property which has a nonconforming use established as to its area may lose the right to non-conforming use of said property if the owner sells or otherwise disposes of a part of the said nonconforming property which reduces the area size to a smaller size than was in existence at the time the Zoning Ordinance was established on August 23, 1978.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

12.60.101 Purpose

To make all non-conforming lots in the R1 Zone legal building lots.

HISTORY

Adopted by Ord. 2019-17 on 11/14/2019

12.60.103 Standards

All nonconforming sites in the R1 zone shall adhere to the same Development Standards as currently required in Section 12.100.012 of this Zoning Ordinance.

Any alteration of the existing house or the replacement of an existing house must meet current setbacks requirements.

HISTORY

Adopted by Ord. 2019-17 on 11/14/2019

Amended by Ord. 2024-04 on 2/14/2022

12.60.104 Penalty

Any non-conforming lot created after October 1, 2019 shall have deed restriction (private agreements that restricts the use of real estate in some way and are listed on the deed for the purpose of a certain amount of uniformity) placed on it until it is brought into compliance with the applicable City Standards.

HISTORY

Adopted by Ord. 2019-17 on 11/14/2019

12.60.105 Location

This spread sheet shows the tax parcel number, city address, street frontage, lot size and if a house already exists on the lot in the Core area of the R1 Zone.

Note key:  CL - corner lot,   Can- impacted by a canal,   FL - flag lot.

HISTORY

Adopted by Ord. 2019-17 on 11/14/2019