Macon County Unincorporated
City Zoning Code
City Zoning Code
NONCONFORMING BUILDINGS
STRUCTURES, AND USES
§ 155.065 INTENT.
(A) Within the districts established by this chapter or amendments that may later be adopted there exist lots, structures, uses of land and structures, characteristics of use, and signs which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit those nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(B) Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination, shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved.
(C) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, the excavating or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
(Ord. O-95-2-12, passed 2-9-2012)
§ 155.066 NONCONFORMING LOTS OF RECORD.
(A) (1) In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
(2) This provision shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which the lot is located.
(3) Variance of yard requirements shall be obtained only through action of the Board of Appeals.
(B) In any district, if two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an individual parcel for the purpose of this chapter, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below requirements stated in this chapter.
(Ord. O-95-2-12, passed 2-9-2012)
§ 155.067 NONCONFORMING USES OF LAND (OR LAND WITH MINOR STRUCTURES ONLY).
Where at the time of the passage of this chapter lawful use of land exists which would not be permitted by the regulations imposed by this chapter, and where the use involves no individual structure with a reasonable fair market value exceeding $1,000, the use may be continued so long as it remains otherwise lawful, provided:
(A) No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;
(B) No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by that use at the effective date of adoption or amendment of this chapter;
(C) If any nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of the land shall conform to the regulations specified by this chapter for the district in which the land is located; and
(D) No additional structure not conforming to the requirements of this chapter shall be erected in connection with the nonconforming use of land.
(Ord. O-95-2-12, passed 2-9-2012)
§ 155.068 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter, that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, may be continued so long as it remains otherwise lawful, subject to the following provisions:
(A) No nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;
(B) Should the nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50% of its reasonable fair market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter; and
(C) Should the structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. O-95-2-12, passed 2-9-2012)
§ 155.069 NONCONFORMING USE OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION.
If a lawful use exists, involving individual structures with a reasonable fair market value of $1,000 or more, or of structure and premises in this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(A) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;
(B) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for that use at the time of adoption or amendment to this chapter, but no such use shall be extended to occupy any land outside the building;
(C) If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a conditional use be changed to another nonconforming use, provided the Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district then the existing nonconforming use. In permitting the change, the Board of Appeals may require appropriate conditions and safeguards in accord with the provisions of this chapter;
(D) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;
(E) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six months the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located; and
(F) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. DESTRUCTION, for the purpose of this division (F), is defined as damage to an extent of more than 50% of the reasonable fair market value at the time of destruction.
(Ord. O-95-2-12, passed 2-9-2012)
§ 155.070 REPAIRS AND MAINTENANCE.
(A) On any nonconforming structure or portion of any structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 10% of the current reasonable fair market value of the nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.
(B) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of the official.
(Ord. O-95-2-12, passed 2-9-2012)