Junction City City Zoning Code
CHAPTER 425
Non-Conformities
Section 425.010 In Residential Districts.
[Zoning § 8-101; Ord. No. G-637, 4-22-1986]
A.
In any residential district, notwithstanding the regulations imposed by any other provision of these Regulations, a single-family detached dwelling which complies with the restrictions in Subsection B of this Section may be erected on a lot that is not less than 25 feet in width and that consists entirely of a tract of land that:
1.
Has less than the prescribed minimum lot area, width or depth, or all three, and that
2.
Is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning ordinance, and
3.
Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable Zoning Ordinance or ordinances.
B.
Construction permitted by Subsection A shall comply with all of the regulations (except lot area, width and depth) applicable to single-family dwellings in the zoning district in which the lot in question is located; provided however, that the following side yard requirements shall apply in place of the side yard requirements otherwise applicable:
1.
The dwelling shall be placed on the lot so as to provide a yard on each side of the dwelling.
2.
The sum of the widths of the two side yards on each lot shall be not less than the smaller of:
a.
25% of the width of the lot, or
b.
The minimum total for both side yards prescribed by the bulk regulations for said zoning district.
3.
No side yard shall be less than 10% of the width of the lot, and in no case less than three feet.
Section 425.020 In Districts Other Than Residential Districts.
[Zoning § 8-102; Ord. No. G-637, 4-22-1986]
A.
In any district other than a residential district, notwithstanding the regulations imposed by any other provision of these Regulations, a building designed for any permitted use may be erected on a lot of the type described in Section 425.010A of this Chapter.
B.
Construction permitted by Subsection A of this Section shall comply with all of the regulations (except lot area, width and depth) applicable in the zoning district in which the lot in question is located; provided however, that the width of any side yard need not be greater than that derived by applying the following formula (wherein the width of any side yard required - x):
x | = | Minimum side yard required by district regulations |
Actual lot width | Minimum lot width required by district regulations |
Section 425.030 Authority To Continue.
[Zoning § 8-201; Ord. No. G-637, 4-22-1986]
Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which is located on a lot which does not comply with the applicable lot size requirements and/or the applicable bulk regulations, may be continued, so long as it remains otherwise lawful, subject to the restrictions in Sections 425.040 through 425.060 of this Chapter.
Section 425.040 Enlargement-Repair-Alterations.
[Zoning § 8-202; Ord. No. G-637, 4-22-1986]
Any such structure described in Section 425.030 may be enlarged, repaired or remodeled; provided however, that no such enlargement, maintenance, repair or remodeling shall either create any additional non-conformity or increase the degree of existing non-conformity of all or any part of such structure, except that as to structures located on a lot that does not comply with the applicable lot size requirements, the side yard requirements shall be determined by Section 425.010B or 425.020B, whichever is applicable.
Section 425.050 Damage Or Destruction.
[Zoning § 8-203; Ord. No. G-637, 4-22-1986; Ord. No. G-792, 3-17-1992]
In the event that any structure described in Section 425.030 is damaged or destroyed, by any means, to the extent of more than 50% of its fair market value, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located; provided that structures located on a lot that does not comply with the applicable lot size requirements shall not in any event be required to provide a side yard that exceeds the yard requirements in Section 425.010B or 425.020B, whichever is applicable. When a structure is damaged to the extent of 50% or less, no repairs or restoration shall be made unless a zoning certificate is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.
Section 425.060 Moving.
[Zoning § 8-204; Ord. No. G-637, 4-22-1986]
No structure described in Section 425.030 shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.
Section 425.070 Authority To Continue.
[Zoning § 8-301; Ord. No. G-637, 4-22-1986]
Any lawfully existing non-conforming use of part or all of a structure or any lawfully existing non-conforming use of land, not involving a structure or only involving a structure which is accessory to such use of land, may be continued, so long as otherwise lawful, subject to the regulations contained in Sections 425.080 through 425.160 of this Chapter.
Section 425.080 Ordinary Repair And Maintenance.
[Zoning § 8-302; Ord. No. G-637, 4-22-1986]
A.
Normal maintenance and incidental repair, or replacement, installation, relocation of non-bearing walls, non-bearing partitions, fixtures, wiring, plumbing, may be performed on any structure that is devoted in whole or in part to a non-conforming use; provided however, that this Subsection shall not be deemed to authorize any violation of Sections 425.090 through 425.150 of this Chapter.
B.
Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety who declares such structure to be unsafe and orders its restoration to safe condition (where such restoration will not be in violation of Section 425.120 of this Chapter).
Section 425.090 Remodeling.
[Zoning § 8-303; Ord. No. G-637, 4-22-1986]
No structure that is devoted in whole or in part to a non-conforming use shall be remodeled unless the entire structure and use thereof shall thereafter conform to all regulations of the zoning district in which it is located.
Section 425.100 Extension.
[Zoning § 8-304; Ord. No. G-637, 4-22-1986]
A.
A non-conforming use shall not be extended, expanded, enlarged, or increased in intensity. Such prohibited activities shall include, without being limited to:
1.
Extension of such use to any structure or land area other than one occupied by such non-conforming use on April 22, 1986 (or on the effective date of a subsequent amendment hereto that causes such use to become non-conforming).
2.
Extension of such use within a building or other structure to any portion of the floor area that was not occupied by such non-conforming use on April 22, 1986, (or on the effective date of a subsequent amendment hereto that causes such use to become non-conforming); provided however, that such use may be extended throughout any part of such building or other structure that was lawfully and manifestly designed or arranged for such use on such effective date.
3.
Operation of such non-conforming use in such manner as to conflict with or to further conflict with if already conflicting on April 22, 1986 (or on the effective date of a subsequent amendment hereto that results in such use becoming non-conforming), any performance standards established for the district in which such use is located.
Section 425.110 Enlargement.
[Zoning § 8-305; Ord. No. G-637, 4-22-1986]
No structure that is devoted in whole or in part to a non-conforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.
Section 425.120 Damage Or Destruction.
[Zoning § 8-306; Ord. No. G-637, 4-22-1986]
In the event that any structure that is devoted in whole or in part to a non-conforming use is damaged or destroyed, by any means, to the extent of more than 50% of its structural value, such structure shall not be restored unless such structure and the use thereof or thereafter conform to all regulations of the zoning district in which it is located. When such damage or destruction is 50% or less, no repair or restoration shall be made unless a zoning certificate is obtained, and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.
Section 425.130 Moving.
[Zoning § 8-307; Ord. No. G-637, 4-22-1986]
No structure that is devoted in whole or in part to a non-conforming use, shall be moved in whole or in part for any distance whatever, 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 non-conforming use of land shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
Section 425.140 Change In Use.
[Zoning § 8-308; Ord. No. G-637, 4-22-1986]
The use of a non-conforming building may be changed to a more restricted classification or a use of equal character, but not to a less restricted classification.
Section 425.150 Abandonment Or Discontinuance.
[Zoning § 8-309; Ord. No. G-637, 4-22-1986]
A.
When a non-conforming use of land, not involving a structure, or involving only a structure which is accessory to the non-conforming use of land, is discontinued or abandoned, for a period of six consecutive months (regardless of any reservation or an intent not to abandon or to resume such use), said use shall not thereafter be re-established or resumed, and any subsequent occupancy of such land shall comply with the regulations of the zoning district in which such land is located.
B.
When a non-conforming use of a part or all of a structure which was designed and intended for a use which is permitted in the zoning district in which such structure is located, regardless of how it was originally used or is presently being used, is discontinued or abandoned for a period of 12 consecutive months (regardless of any reservation of an intent not to abandon or to resume such use), such use shall not thereafter be re-established or resumed, and any such subsequent use or occupancy of such structure shall comply with the regulations of the zoning district in which such structure is located.
C.
When a non-conforming use of a part or all of a structure which was not designed and intended for any use which is permitted in the zoning district in which such structure is located, regardless of how it was originally used or is presently being used, is discontinued or abandoned for a period of 18 consecutive months (regardless of any reservation of an intent not to abandon or to resume such use), such use shall not thereafter be re-established or resumed, and any subsequent use or occupancy of such structure shall comply with the regulations of the zoning district in which such structure is located.
Section 425.160 Non-Conforming Accessory Uses.
[Zoning § 8-310; Ord. No. G-637, 4-22-1986]
No use which is accessory to a principal non-conforming use shall continue after such principal use shall cease or terminate.
Section 425.170 Non-Conforming Residential Uses.
[Zoning § 8-311; Ord. No. G-637, 4-22-1986]
Notwithstanding the provisions of Sections 425.090, 425.100 and 425.110, any structure which is devoted to a residential use and which is located in a business or manufacturing district, may be remodeled, extended, expanded and enlarged; provided that after any such remodeling, extension, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work.
Section 425.180 Mobile Homes.
[Zoning § 8-312; Ord. No. G-739, 10-10-1989]
Any mobile home which is devoted to a legal non-conforming use in a Mobile Home Park may be replaced by another mobile home.
Section 425.190 Status Of Existing Conditional Uses.
[Zoning § 8-401; Ord. No. G-637, 4-22-1986]
Where a use exists at the effective date of these Regulations, and is permitted by these Regulations only as a conditional use in the zoning district in which it is located, such use shall not be deemed to be a non-conforming use, but shall, without further action, be deemed a lawful conforming use in such zoning district.
Section 425.200 Status Of Future Conditional Uses.
[Zoning § 8-402; Ord. No. G-637, 4-22-1986]
Any use for which a conditional use permit has been issued as provided in Article VI of Chapter 440 of this Title shall not be deemed to be a non-conforming use, but shall, without further action, be deemed a lawful conforming use.
