Kermit City Zoning Code
Division 9
Nonconforming Development
§ 9.03.281 Purpose.
(a)
To allow for reasonable use of legally created lots of record that do not meet current minimum requirements for their respective zoning districts.
(b)
To provide for reasonable use of legally constructed structures that do not meet current site development regulations for their respective zoning districts.
(c)
To allow for the reasonable continuation of legally established uses that do not meet current use regulations for their respective zoning districts.
(d)
To limit the continuation and provide for the gradual replacement of nonconforming uses.
(Ordinance 20-07, sec. 156.09.01, adopted 11/19/20)
§ 9.03.282 Application.
These regulations apply to lots, buildings, structures, and uses that were constructed legally under regulations in effect before the effective date of this Zoning Code. Regulations for nonconforming uses are in addition to regulations for nonconforming structures. In the event of a conflict, the most restrictive regulation shall apply.
(Ordinance 20-07, sec. 156.09.02, adopted 11/19/20)
§ 9.03.283 Nonconforming lots.
(a)
Pre-existing lots of record.
Nonconforming lots of record existing at the time of the adoption of this Zoning Code shall be exempt, unless otherwise provided, from the minimum lot area and lot width requirements of each zoning district. Such lots may be developed with any use allowed by the regulations for the district and must comply with all other site development regulations set forth by this Zoning Code.
(b)
Reductions from public acquisition.
If a portion of a legally existing lot in any district is acquired for public use, the remainder of this lot shall be considered a conforming lot.
(Ordinance 20-07, sec. 156.09.03, adopted 11/19/20)
§ 9.03.284 Nonconforming structures.
(a)
Continuation.
A lawful nonconforming structure existing on the effective date of this Zoning Code may be continued, repaired, maintained, or altered, subject to the provisions of this division.
(b)
Additions or enlargements to nonconforming structures.
(1)
A lawful nonconforming structure may be added to or enlarged if the addition satisfies one or more of the following conditions:
(A)
The enlargement or addition, when considered independently of the existing building, complies with all applicable setback, height, off-street parking, and landscaping requirements of this Zoning Code.
(B)
The nonconforming building and impervious surface coverages on the site are not increased and the building, after the addition, conforms to height and off-street parking regulations applicable to its zoning district.
(C)
The addition projects no further into a required side yard setback than the existing building and the length of the side wall of the addition is the smaller of twenty (20) feet or fifty percent (50%) of the length of the existing nonconforming side wall.
(2)
No permitted addition to a nonconforming structure may place a wall within ten (10) feet of a window of an adjacent pre-existing residential structure.
(3)
Nonconforming buildings shall be limited to one addition or enlargement pursuant to these regulations.
(c)
Moving of nonconforming structures.
A lawful nonconforming building or structure shall not be moved in whole or in part to another location on its lot unless every part of the structure conforms to all site development regulations applicable to its zoning district.
(d)
Repair of nonconforming structures.
A lawful nonconforming building damaged by fire, explosion, storm or other calamity, except flood damages, may be repaired and reconstructed provided restoration is started within six (6) months of the date of partial or full destruction and the use or building meets the following criteria:
(1)
There is no increase in the degree of nonconformity.
(2)
There are no formal complaints about the building, structure, or use on file at the city.
(3)
There is no history of building code or residential housing code violations of the building, structure, or use.
(4)
The building, structure, or use has been maintained in good condition.
(e)
Conversion of a conforming building.
A conforming building shall not be changed in any way that will result in a nonconforming development.
(f)
Applicability of landscaping and screening regulations.
A pre-existing structure, building, or development shall be exempt from division 7 of this article, Landscaping and Screening. However, any expansion of such structure, building, or development or any adjacent new development onto property that is or becomes vacant on or after the effective date of this Zoning Code shall be subject to division 7 of this article, Landscaping and Screening.
(Ordinance 20-07, sec. 156.09.04, adopted 11/19/20)
§ 9.03.285 Nonconforming uses.
Any nonconforming use lawfully existing on the effective date of this Zoning Code may continue, subject to this division.
(1)
Continuation.
Whenever the use of a premise becomes nonconforming through a subsequent change in this Zoning Code or zoning district boundaries, such use may be continued or changed to another nonconforming use of the same or lesser intensity if approved by the city council at a public hearing following a public hearing by the commission including their recommendation to the city council.
(2)
Enlargement of nonconforming uses.
A building or structure housing a lawful nonconforming use shall not be added to or enlarged.
(3)
Abandonment of nonconforming use.
If any structure or property used as a lawful nonconforming use becomes vacant or unused for a continuous period of six (6) months, any subsequent use must conform to all use regulations applicable to the property’s zoning district.
(Ordinance 20-07, sec. 156.09.05, adopted 11/19/20)
§ 9.03.286 Nonconforming use certificate.
Nothing in this Zoning Code shall prevent the continuance of a nonconforming use as herein authorized, unless a discontinuance is necessary for the safety of life or property. Certificates of occupancy shall be given to each nonconforming use indicating its status as a lawful, nonconforming use as of the time when it legally became a nonconforming use and requiring that any change in use requires a new permit and certificate of occupancy. A certificate of occupancy for the nonconforming use shall be transmitted by the owner to any succeeding owner of the property to confirm its legal existence.
(Ordinance 20-07, sec. 156.09.06, adopted 11/19/20)