Mclendon Chisholm City Zoning Code
ARTICLE 2
NONCONFORMING LOTS, STRUCTURES AND USES
§ 2-1 Categories of nonconformity.
Within the districts established by this ordinance, or amendments that may later be adopted, there exists:
* Lots and uses of land;
* Buildings and structures;
* Uses of land and buildings in combination; and characteristics of use which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments. It is the intent of this ordinance to permit these nonconformities to continue under regulations contained herein until they are removed, but not to encourage their survival. It is further the intent of this ordinance that such nonconformities shall not be enlarged upon, expanded or extended, nor be used as ground for adding other buildings and structures or uses prohibited elsewhere in the same district.
(Ordinance 2011-01, sec. 1, adopted 1/11/11; Ordinance 2013-16, sec. 2, adopted 10/22/13)
§ 2-2 Nonconforming uses regulated.
Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. No nonconforming use of land, building, or nonconforming structure shall be enlarged, changed, altered, or repaired, except in conformance with the regulations contained in this section.
(Ordinance 2011-01, sec. 1, adopted 1/11/11; Ordinance 2013-16, sec. 2, adopted 10/22/13)
§ 2-3 Nonconforming status.
Any use, lot, or structure which does not conform to the regulations of the zoning district in which it is located, is nonconforming when:
1.
The use, lot, or structure was in existence and lawfully operating on the date of the passage of this ordinance, and has since been in regular and continuous use; or
2.
The use, lot, or structure is lawful at the time of the adoption of any amendment to this ordinance, but because of the amendment, no longer complies with applicable regulations; or
3.
The use, lot, or structure was in existence at the time of annexation to the city and has since been in regular and continuous use.
(Ordinance 2011-01, sec. 1, adopted 1/11/11; Ordinance 2013-16, sec. 2, adopted 10/22/13)
§ 2-4 Nonconforming lots of record.
In any district in which residential, commercial, or industrial buildings are permitted, buildings may be erected on any single lot of record, or multiple lots of contiguous street frontage in the same ownership, which were recorded prior to the effective date of this ordinance.
This provision shall apply even though such lot or lots fail to meet the minimum requirements for area, width, or both, as governed by the applicable area regulations for that particular zoning district; however, all other provisions of the applicable zoning district area regulations shall apply.
(Ordinance 2011-01, sec. 1, adopted 1/11/11; Ordinance 2013-16, sec. 2, adopted 10/22/13)
§ 2-5 Nonconforming uses of land.
Where at the time of passage of this ordinance lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, the use may be continued so long as it remains otherwise lawful, provided:
1.
No such 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 ordinance.
2.
No such nonconforming use shall be moved, in whole or in part, to any portion of the same lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this ordinance.
3.
If any such nonconforming use of land is deemed to be abandoned, for any reason, for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.
(Ordinance 2011-01, sec. 1, adopted 1/11/11; Ordinance 2013-16, sec. 2, adopted 10/22/13)
§ 2-6 Nonconforming buildings.
Where a lawful building exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the building, such building may be continued so long as it remains otherwise lawful, subject to the following provisions:
1.
Structures existing prior to the effective date of this ordinance, which were conforming at that time, are considered to be nonconforming structures currently.
2.
No such nonconforming building may be enlarged or altered in a way which increases its nonconformity, but any building or portion thereof may be altered to decrease its nonconformity or to comply with city building codes.
3.
Should such nonconforming building or nonconforming portion of a building be destroyed by any means to an extent of more than 50 percent of its fair market value at the time of destruction, or 50 percent of the area of the structure, it shall not be reconstructed except in conformity with the provisions of this ordinance, or when approved by the board of adjustment, after public hearing thereon, when the board’s findings, having due regard for the property rights of persons affected, were considered in the light of public welfare and the character of the area surrounding the nonconforming building and the conservation and protection of property.
4.
Should such building be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.
5.
All structures located on residentially zoned parcels, at the effective date of this ordinance, shall be deemed to be conforming, unless such structure is increased. In such case the minimum size of structure as contained in the zoning district herein shall apply.
(Ordinance 2011-01, sec. 1, adopted 1/11/11; Ordinance 2013-16, sec. 2, adopted 10/22/13)
§ 2-7 Nonconforming uses of buildings.
If lawful use involving individual buildings exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in a particular district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
1.
No existing building devoted to a use not permitted by this ordinance 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 building to a use permitted in the district in which it is located, or to comply with city building codes.
2.
Any nonconforming 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 ordinance, but no such use shall be extended to occupy any land outside such building.
3.
If no structural alterations are made, except as required by the city’s building codes, any nonconforming use of a building, or building and premises, may be changed to another nonconforming use provided that the board of adjustment, 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 than the existing nonconforming use. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accord with the provisions of this ordinance.
4.
Any building in 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.
5.
When a nonconforming use of a building is discontinued or abandoned for six consecutive months, the building shall not thereafter be used except in conformity with the regulations of the district in which it is located.
6.
Where nonconforming use status applied to a building and premises in combination, removal or destruction of the building shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the fair market value at time of destruction.
(Ordinance 2011-01, sec. 1, adopted 1/11/11; Ordinance 2013-16, sec. 2, adopted 10/22/13)
§ 2-8 Repairs and maintenance.
1.
On any nonconforming building or portion of a building containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50 percent of the current replacement cost of the nonconforming building or nonconforming portion of the building, as the case may be; provided that the cubic content existing when it became nonconforming shall not be increased.
2.
If a nonconforming building or portion of a building containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized city official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt, except in conformity with the regulations of the district in which it is located.
3.
Nothing in this ordinance 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.
(Ordinance 2011-01, sec. 1, adopted 1/11/11; Ordinance 2013-16, sec. 2, adopted 10/22/13)
§ 2-9 Nonconforming uses discontinued.
A nonconforming use of any building or structure, which has been discontinued, shall not thereafter be returned to any nonconforming use. A nonconforming use shall be considered discontinued when:
1.
It has been replaced with a conforming use;
2.
Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of three months, or the equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced within such three month period; or
3.
The intention of the owner to permanently discontinue the use is apparent.
(Ordinance 2011-01, sec. 1, adopted 1/11/11; Ordinance 2013-16, sec. 2, adopted 10/22/13)
§ 2-10 Changes that lessen nonconformity.
Changing to a more restricted or less intensive nonconforming use that lessens the extent of the original nonconformity may be permitted at the time of issuance of a building permit or certificate of occupancy.
(Ordinance 2011-01, sec. 1, adopted 1/11/11; Ordinance 2013-16, sec. 2, adopted 10/22/13)