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Jackson City Zoning Code

NONCONFORMING USES

BUILDING AND LOTS; CONDITIONAL AND INTERIM USE PERMITS

§ 153.160 PURPOSES.

   (A)   This subchapter regulates and limits the continued existence of uses, structures and lots established prior to the effective date of this chapter that do not conform to the regulations of this chapter.
   (B)   The zoning districts established by this chapter are designed to guide the future use of land within the city; to encourage the development or maintenance of desirable residential, business, office, institutional and industrial areas with appropriate groupings of compatible and related uses; and to promote and protect the public health, safety and general welfare. The continued existence of nonconformities is frequently inconsistent with the purposes for which the districts are established; and, thus, the gradual elimination of such nonconformities is generally desirable.
(Ord. 109, 5th Series, passed 6-3-1999)

§ 153.161 GENERAL SCOPE OF REGULATION.

   (A)   This subchapter establishes restrictions for the following categories of nonconformity:
      (1)   Nonconforming use of land or buildings;
      (2)   Nonconforming structures;
      (3)   Nonconforming lots;
      (4)   Nonconforming accessory uses;
      (5)   Nonconforming signs;
      (6)   Nonconforming residential alterations.
   (B)   The degree of restriction made applicable to each category of nonconformity is generally related to the degree of incompatibility with permitted uses and the amount of investment typically associated with nonconformities of that type. Pursuant to §§ 153.185 and 153.186, provision is made for relief from some of the restrictions of this subchapter, when practical difficulties or a particular hardship exists.
(Ord. 109, 5th Series, passed 6-3-1999)

§ 153.162 NONCONFORMING USE OF LAND OR STRUCTURES.

   A nonconforming use of land or structures may be continued subject to the provisions of this subchapter, but it is the intent of this chapter not to encourage its survival because of its incompatibility with permitted uses in the zoning district in which it is located.
   (A)   Normal maintenance. Maintenance of a building or other structure containing or used for a nonconforming use may be permitted when it includes necessary non-structural repairs and incidental alterations that do not extend or intensify the nonconforming building or use. Nothing in this chapter shall prevent making a structure safe when the structure has been declared to be unsafe by the city.
   (B)   Moving. No structure devoted in whole or in part to a nonconforming use shall be moved in whole or in part for any distance whatsoever, to any other location on the same or any other lot, unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so moved. No nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
   (C)   Change to different nonconforming use. No nonconforming use shall be changed to a different nonconforming use, enlarged, intensified, increased, or extended to occupy a greater area of the lot on which it is located.
   (D)   Restoration. No person may restore a building that has been damaged to the extent of more than 50% of its value by fire, explosion, act of God, or public enemy, except in conformity with the regulations of this chapter.
   (E)   Discontinuance. In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of at least 1 year, the use of the same shall thereafter conform to the regulations of the district in which it is located.
(Ord. 109, 5th Series, passed 6-3-1999)

§ 153.163 NONCONFORMING STRUCTURES.

   A nonconforming structure found to be nonconforming because of height, setbacks or lot area may continue to exist so long as it is used for purposes permitted in the zoning district in which it is located. Because its incompatibility is technical in nature it shall be exempt from all of the provisions of this subchapter, except § 153.162(D) and (E).
(Ord. 109, 5th Series, passed 6-3-1999)

§ 153.164 NONCONFORMING LOTS.

   A single-family dwelling and customary accessory buildings may be erected in any district in which single-family dwellings are permitted on any single lot of record at the effective date of adoption of or amendment to this chapter, provided that all other requirements are met for the district in which it is located.
(Ord. 109, 5th Series, passed 6-3-1999)

§ 153.165 NONCONFORMING ACCESSORY USES AND STRUCTURES.

   No use or structure that is accessory to a principal nonconforming use or structure shall continue after the principal use or structure shall have been terminated, unless it shall thereafter conform to all regulations of the zoning district in which it is located.
(Ord. 109, 5th Series, passed 6-3-1999)

§ 153.166 NONCONFORMING SIGNS.

   (A)   Signs existing on the effective date of this chapter that do not conform to the regulations set forth in this chapter shall become a nonconforming use. Advertising signs that become nonconforming uses shall be removed within 3 years after the effective date of this chapter or otherwise be relocated to comply with all the provisions of this chapter.
   (B)   Business signs on the premises of a nonconforming building or use may be continued, but the signs shall not expand in number, area, height or illumination. New signs not to exceed 35 square feet in aggregate sign area may be erected on a nonconforming building. The new signs may be illuminated but no flashing, rotating or moving signs shall be permitted.
   (C)   No sign erected before the effective date of this chapter shall be rebuilt, structurally altered or moved to a new location without being brought into compliance with the requirements of this chapter, except that the sign copy may be changed.
(Ord. 109, 5th Series, passed 6-3-1999)

§ 153.167 RESIDENTIAL ALTERATIONS.

   Alterations may be made to a residential building containing nonconforming residential units when they will improve the livability of the units; provided, however, that they do not increase the number of dwelling units in the building.
(Ord. 109, 5th Series, passed 6-3-1999)

§ 153.168 BURDEN OF OWNER TO ESTABLISH LEGALITY OF NONCONFORMITY.

   The property owner is responsible for determining the legality of any nonconforming use.
(Ord. 109, 5th Series, passed 6-3-1999)

§ 153.169 CONDITIONAL USE PERMITS.

   (A)   Conditional use permits may be issued:
      (1)   For any of the uses or purposes for which the permits are required or permitted by the provisions of this chapter;
      (2)   For public utility or public service uses or public building in any district when found to be necessary for the public health, safety, convenience or welfare;
      (3)   Commercial excavating and storage of natural materials used for building or construction purposes in any district;
      (4)   To classify as a conforming use any nonconforming institutional use existing in any district at the time of the establishment of the district;
      (5)   To permit the location of any of the following uses in a district from which they are excluded by the provisions of this chapter: airport, library, community center, church, hospital, any institution of an educational, philanthropic or charitable nature, cemetery or mausoleum.
   (B)   Whether issued prior or subsequent to the effective date of this chapter, a conditional use permit shall terminate and expire if the allowed use is abandoned or discontinued for a minimum of 1 year or if the established conditions are not met.
(Ord. 109, 5th Series, passed 6-3-1999)

§ 153.170 INTERIM USE PERMITS.

   Interim use permits may be issued to allow a temporary use of the property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit the use. In residential districts, interim uses may be permitted only on property originally constructed as a family dwelling with attached garage, a detached garage that is accessory to a family dwelling, a church, or a school.
   (A)   Standards of interim use permits. The Planning Commission shall recommend, and the Council may grant, an interim use permit for the interim use property only if:
      (1)   The use conforms to the zoning regulations;
      (2)   The date or event that will terminate the use can be identified with certainty;
      (3)   Permit of the use will not impose additional costs on the city if the city must take the property in the future;
      (4)   The owner and user of the property agree in writing to any conditions that the City Council deems appropriate for permission of the use.
   (B)   Termination of interim use. An interim use permit shall terminate and expire upon the first to occur of any of the following events:
      (1)   The date of expiration stated in the permit;
      (2)   The event of termination stated in the permit;
      (3)   Violation of any of the terms, conditions, or covenants under which the permit was issued;
      (4)   A change in the city’s zoning ordinance that renders the use nonconforming;
      (5)   The abandonment or discontinuance of the use for a minimum of 3 consecutive months.
(Ord. 109, 5th Series, passed 6-3-1999)

§ 153.171 PROCEDURE FOR ISSUANCE OF CONDITIONAL USE PERMIT OR INTERIM USE PERMIT.

   (A)   Application for the issuance of a conditional use permit or interim use permit shall be made to the Planning Commission, except that any proceedings to classify certain uses as conforming uses as provided in this subchapter may be initiated by the application, by the Council, or by the Planning Commission.
   (B)   The Planning Commission may hold hearings on the proposal to issue a use permit as it may consider necessary, but at least 1 public hearing shall be held on any application for a use permit.
   (C)   Following public hearing, the Planning Commission shall make a report upon the proposal to the Council and shall recommend to the Council whatever action it deems advisable. The Planning Commission shall not recommend the granting of a permit unless it finds that the establishment, maintenance, or conducting of the use for which a use permit is sought will not be detrimental to the health, morals, comfort, convenience or welfare of the persons residing or working in the neighborhood of the use, or to the public welfare, or injurious to property or improvements in the neighborhood.
   (D)    The Planning Commission may recommend, and the Council may require, that conditions be met and guarantees be required in the granting of use permits in the same manner provided in § 32.55 for the granting of adjustments.
   (E)   Upon receipt of the report of the Planning Commission, the Council may hold whatever public hearings it deems advisable and shall make a decision upon the application.
   (F)   The Council may grant an interim use permit, regardless of whether the application was for a conditional or interim use.
(Ord. 109, 5th Series, passed 6-3-1999)

§ 153.172 APPLICATION FEE.

   Each applicant for a use permit shall pay a nonrefundable application fee. The amount of the fee shall be fixed, determined, and amended by resolution or ordinance of the Council.
(Ord. 109, 5th Series, passed 6-3-1999)