Marshall City Zoning Code
ARTICLE VI
Non-Conformances
Section 405.960 Non-Conforming Uses Of Land.
[Ord. No. 5757 § 31-95, 11-16-1981]
A.
Where, on November 16, 1981, lawful use of land exists that is made no longer permissible under the terms of this Chapter as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
1.
No such non-conforming use shall be enlarged or increased nor extended to occupy a greater area of land to an extent greater than twenty-five percent (25%) of the total area of land occupied or used at the effective date of adoption or amendment of this Chapter.
2.
No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Chapter, except as in compliance with Subsection (A)(1) above.
3.
If any such non-conforming use of land is discontinued (see definition) for any reason, any subsequent use of such land shall conform to the regulations specified by this Chapter for the district in which such land is located.
4.
A non-conforming use must continue in substantially the same form.
Section 405.970 Non-Conforming Structures.
[Ord. No. 5757 § 31-96, 11-16-1981; Ord. No. 7719 § 1, 11-20-2006]
A.
Where a lawful structure exists on November 16, 1981, that could not be built under the terms of this Chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:
1.
No such structure may be enlarged or altered in a way which increases its area of nonconformity greater that twenty-five percent (25%) of the existing non-conforming portion of the structure occupied or used at the effective date of adoption or amendment of this Chapter.
2.
Nothing in this Chapter shall prevent the restoration of a non-conforming building partially or completely destroyed by fire, explosion, Act of God or act of the public enemy, subsequent to November 16, 1981, or prevent the continuance of the use of such building or part thereof, as such use existed at the time of such destruction of such building or part thereof, or prevent a change of such existing use under the limitations provided herein, provided an application for a building permit to rebuild said structure is filed with the City of Marshall within six (6) months from the date said structure is destroyed and provided that new construction is completed and occupied within eighteen (18) months from the date of the issuance of the building permit.
3.
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.
Section 405.980 Non-Conforming Uses Of Structures.
[Ord. No. 5757 § 31-97, 11-16-1981]
A.
If a lawful use of a structure, or of a structure and premises in combination exists on November 16, 1981, that would not be allowed in the district under the terms of this Chapter, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions:
1.
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, or as permitted under Section 405.960(A)(1) and/or (2).
2.
Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Chapter but no such use shall be extended to occupy any land outside such buildings.
3.
If no structural alterations are made, any nonconforming use of a structure or structure and premises, may be changed to another non-conforming use, providing that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use and that the proposed non-conforming use is not substantially different from the existing use. Any proposed changes shall be approved by a majority of the members of the Planning and Zoning Commission and the City Council, present and voting, provided that if any person residing within two hundred and fifty (250) feet of the property upon which such use is situated shall make his or her written remonstrance, then the approval for the operation of such a use may be permitted only by a two-thirds (2/3) vote of the members of the Council present and voting.
4.
When a non-conforming use of a structure, or structure and premises in combination is discontinued or abandoned (see definitions) the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.
5.
Where non-conforming use status applies to a structure and premises in combination; removal or destruction of the structure shall eliminate the non-conforming status of the land unless said removal or destruction is by fire or natural disaster in which case reconstruction will be permitted as provided for under Section 405.960(A)(1) and/or (2).
Section 405.990 Change Of Property To More Or Less Restrictive Classification.
[Ord. No. 5757 § 31-98, 11-16-1981]
A non-conforming use if changed to a conforming use or more restricted, non-conforming use, may not thereafter be changed back to a less restricted use than that to which it was changed. If any property is hereafter transferred to a more restricted district by change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification by amendment to this Chapter, the provisions of this Chapter relating to the non-conforming use of buildings or premises existing on November 16, 1981, shall apply to buildings or premises occupied or used at the time of the passage of such amendment.
Section 405.1000 Repairs And Maintenance.
[Ord. No. 5757 § 31-99, 11-16-1981]
A.
On any building devoted in whole or in part to any non-conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repairs or replacement of non-bearing walls, fixtures, wiring or plumbing.
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 such official.
Section 405.1010 Extension Of Existing Buildings, Time Limitation.
[Ord. No. 5757 § 31-100, 11-16-1981]
The provisions of this Chapter shall not apply to prevent the extension of any building existing in any district on the date of the passage of this Chapter to the height to which the walls, foundation and framework on such existing building originally were intended, designed and constructed to carry; provided, however, that the actual construction of the extension in height permitted by this Section shall have been duly commenced within ten (10) years from said date.