Kouts City Zoning Code
NONCONFORMING BUILDINGS
USES, LOTS
§ 154.315 CONTINUATION.
Any lawful building or other structure, or any lawful use of a building or other structure or land, existing on the effective date of this chapter, which does not conform with the provisions of this chapter shall be considered a lawful nonconforming building, structure or use and may be continued, except as otherwise herein provided.
(Ord. 1995-12, passed 7-6-95)
§ 154.316 EXTENSION.
Any lawful nonconforming use of a portion of a building may be extended throughout the building, and any lawful nonconforming use may be extended or enlarged upon the lot occupied by such building that is held in single and separate ownership on the effective date of this chapter, provided that the area of such buildings shall not be increased by more than a total of 25% of the area of such building existing on the date it first became a lawful nonconforming building or a building on which a lawful nonconforming use is made, and provided further, that any structural alteration, extension or addition shall conform with all height, area, width, yard and coverage requirements for the Zoning District in which it is located and shall comply with all provisions of this chapter.
(Ord. 1995-12, passed 7-6-95)
§ 154.317 CHANGE.
Any lawful nonconforming use of a building or land may be changed to another nonconforming use of the same classification, which shall thereafter not be subject to any further change, except to a conforming use; and for such purpose, a building may be extended in accordance with § 154.316. Wherever a non-conforming use or a building or a land has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.
(Ord. 1995-12, passed 7-6-95)
§ 154.318 RESTORATION.
Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm or other similar active cause to an extent of not more than 50% of its fair market value may be reconstructed in the same location, provided that:
(A) The reconstructed building or structure shall not exceed the height, area or volume of the damaged or destroyed building or structure, except as provided in § 154.316; and
(B) Reconstruction shall begin within six months from the date of damage or destruction and shall be carried on without interruption.
(Ord. 1995-12, passed 7-6-95)
§ 154.319 ABANDONMENT.
If a lawful nonconforming use of a building or other structure is abandoned or discontinued for a continuous period of six months or more, or if a lawful nonconforming use of land is abandoned or discontinued for a continuous period of six months or more, subsequent use of such building or structure or land shall be in conformance with the provisions of this chapter.
(Ord. 1995-12, passed 7-6-95)
§ 154.320 NONCONFORMING LOTS.
(A) When authorized as a variance, a building may be erected or altered on any lot held in single and separate ownership on the effective date of this chapter which is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the zoning district in which the lot is situated.
(B) Where two or more contiguous undeveloped lots are held in single ownership within a subdivision which has been duly recorded prior to the effective date of this chapter, which lots are individually not of the required minimum area or width for the zoning district in which they are situated, no special exception shall be required for the issuance of building permits, provided that such lots shall be developed in groups or fractions thereof, as single lots, to provide the minimum lot frontage required for each structure.
(Ord. 1995-12, passed 7-6-95)
§ 154.321 SUBDIVISIONS PREVIOUSLY APPROVED.
In the case of a plot of land, a plan for the subdivision of which into two or more parcels or lots for the purpose of development and sale has, prior to the effective date of this chapter, been duly approved and recorded as required by law, which plan does not make provisions for full adherence to the regulations or this chapter governing minimum lot areas or widths, front, side or rear yards or building coverage, but was in conformity with such regulations as were effective at the time such plan was approved and recorded the development and sale contemplated by the plan may be proceeded with when authorized as a special exception. The Board of Zoning Appeals shall have power to grant a special exception with respect to the whole of such plot of land or any portion thereof.
(Ord. 1995-12, passed 7-6-95)