Maroa City Zoning Code
ARTICLE IX
Nonconformities
§ 290-9.1 Nonconforming lots of record.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any lot of record existing on the effective date of the enactment of this chapter or of any amendment thereto, which does not comply with the requirements of the district in which it is located as to lot area and lot width, may be used for the erection of a building intended for a use permitted in the district in which the lot is located, provided such building complies with all setback and other applicable requirements of this chapter.
§ 290-9.2 Nonconforming buildings or structures.
A lawfully existing, nonconforming building or structure which does not contain any nonconforming use, but does not comply with the applicable lot size requirements or building standard regulations in the district in which it is located, may be continued except as otherwise permitted by this article. Nonconforming buildings and structures shall be subject to the following regulations:
A.
Enlargement, repair or alteration.
(1)
A nonconforming building or structure may be enlarged, maintained, repaired or structurally altered. No such enlargement, maintenance, repair or structural alteration shall create either additional nonconformity or increase the degree of the existing nonconformity of all or any part of the building or structure. Damaged or destroyed buildings or structures shall be subject to the restrictions contained in Subsection B of this section.
(2)
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of a building or other structure (other than a damaged or destroyed building or other structure subject to the provisions of Subsection B of this section) in accordance with the order of the Mayor who declares such building or other structure to be unsafe and orders its restoration to a safe condition.
B.
Damage or destruction.
(1)
In the event that a nonconforming building or structure is damaged or destroyed to the extent that the cost of restoration shall exceed 50% of the market value of such building or structure, no repairs or reconstruction shall be made unless such restoration or construction shall be made to conform to the regulations for the district in which it is located.
(2)
If such damage or destruction does not exceed 50% of the market value of the building or structure, repairs and restoration must begin within 12 months from the date of the damage or destruction or such restoration shall conform to all the provisions of this chapter and for the district in which it is located. In any event, the repairs and/or restoration shall not increase the degree of nonconformity of the building or structure prior to the damage or destruction.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 290-9.3 Nonconforming uses.
When the applicable district regulations do not allow as a permitted use either an existing use of part or all of a building or other structure or an existing use of land not involving a building or structure, such existing use may be continued except as otherwise permitted by this article.
A.
Change.
(1)
A nonconforming use of a building or other structure, all or substantially all of which was designed or intended for a use which is not permitted in the district in which it is located, shall not be changed to any use other than one permitted in the district in which the land is located. When the nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to a nonconforming use.
(2)
The nonconforming use of land, not involving a building or structure or in connection with which any building or structure thereon is incidental or accessory to the principal use of land, shall not be changed to any other use, except to a use permitted in the district in which the land is located.
(3)
A nonconforming use in effect at the time an amendatory ordinance becomes effective shall be discontinued and not re-established, except when the provisions of the amendatory ordinance find the use to be conforming to the district in which it is located.
B.
Discontinuance. In the event that operation of a nonconforming use of land, building or structure is discontinued for 12 months, such nonconforming use shall not thereafter be re-established and any subsequent use or occupancy of such land shall conform to the regulations of the district in which it is located. Intent to resume active operation shall not affect the foregoing restriction.
C.
Nonconforming accessory uses. No nonconforming accessory use shall continue after the principal use to which it is necessary has been abolished.
§ 290-9.4 Registration of nonconforming uses, buildings and structures.
A.
The Mayor shall maintain a system of registration of all nonconforming uses, buildings and structures.
B.
Such registration system shall include a provision for notifying owners:
(1)
That a particular use, lot size or standards governing a building, structure or parcel of land do not conform to the regulations of the zoning district in which the use, building or structure is located.
(2)
Of the status of a use, building or a structure as a nonconformity.
(3)
Of the specific regulations applicable to such nonconforming use, building or structure.
§ 290-9.5 Existing special uses exempt.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Where a use exists on the date that this chapter or an amendment thereto becomes effective and is permitted by this chapter as a special use in the district in which it is located, such use shall not be deemed a nonconforming use, but shall, without any further action, be deemed a lawful special use in such district. However, no such lawful special use shall be substantially expanded unless a supplemental special use permit is secured in accordance with Article X of this chapter.