Malta City Zoning Code
NON-CONFORMING LOTS
USES, STRUCTURES
§ 156.205 PURPOSE.
(A) Within the districts established by this chapter, lots, structures and uses of land and structures may exist which were lawful at the time this chapter was adopted or amended, but which would be prohibited or regulated under the terms of this chapter or future amendment. The intent of this subchapter is to permit these non-conformities to continue until they are removed, but not to encourage their survival. This subchapter further intends that non-conformities shall not be enlarged, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(B) Non-conforming uses are declared by this chapter to be incompatible with permitted uses in the same district. However, 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 which actual building construction has been carried on diligently. ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in 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, such excavation or demolition or removal shall be deemed actual construction; provided that, work shall be carried on diligently.
(Prior Code, § 17.48.010) (Ord. 390, passed - -1993)
§ 156.206 NON-CONFORMING LOTS OF RECORD.
(A) In any district, notwithstanding other limitations imposed by this chapter, structures permitted in a district may be established on any single lot of record on the effective date hereof. Such lot must be in separate ownership and not of continuous frontage with other lots of the same ownership. A lot of record that does not meet lot area or lot width requirements still must meet other requirements of the district.
(B) If two or more lots or combination of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if any of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance, nor shall any division of any parcel be made which creates lots with width or area below the requirements stated in this chapter.
(Prior Code, § 17.48.020) (Ord. 390, passed - -1993)
§ 156.207 NON-CONFORMING USES OF LAND AND STRUCTURES.
Where, at the time of passage of this chapter, a lawful use of land or a structure exists which would not be permitted by the regulations imposed by this chapter, the use may be continued where it remains otherwise lawful; provided:
(A) No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity;
(B) Should such non-conforming structure or non-conforming portion of a structure be destroyed by any means to an extent of more than 70% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter;
(C) Should such 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; and
(D) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or any part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Prior Code, § 17.48.030) (Ord. 390, passed - -1993)
§ 156.208 NON-CONFORMING STRUCTURES.
Where a lawful structure exists on 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, location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.
(B) Should such non-conforming structure or non-conforming portion of a structure be destroyed by any means to an extent of more than 70% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
(C) Should such 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.
(D) 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 such official.
(Prior Code, § 17.48.040) (Ord. 390, passed - -1993)
§ 156.209 NON-CONFORMING MOBILE HOMES.
A mobile home which lawfully exists on the effective date hereof, but which becomes non- conforming under this chapter, shall be allowed to continue for five years, after which the mobile home must be removed from the premises or, where applicable, brought into compliance with the requirements.
(Prior Code, § 17.48.050) (Ord. 390, passed - -1993)