Merriam City Zoning Code
ARTICLE XIV
- NONCONFORMITIES
Secs. 74-600—74-618. - Reserved.
Effective on: 1/1/1901
Sec. 74-619. - In residential district.
- Has less than the prescribed minimal lot area, width, depth or all three.
- Is shown by a recorded plat or deed to have been owned separately and individually from adjoining lots of record at a time when the creation of a lot of such size and width at such location would not have been prohibited by the then applicable zoning ordinance.
- Has remained in separate and individual ownership from adjoining lots of record continuously during the entire time that the creation of such lot has been prohibited by the then applicable zoning regulations.
- The dwelling shall be placed on the lot so as to provide a side yard on each side of the dwelling.
- The sum of the widths of the two side yards on each lot shall be not less than the smaller of:
- 25 percent of the width of the lot; or
- The minimum total for both side yards prescribed by the bulk regulations for the zoning district.
- No side yard shall be less than ten percent of the width of the lot and in no case less than six feet.
(Ord. No. 54, art. 8, § 8-101, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-620. - In districts other than residential districts.
| X (actual lot width) | = | Minimum side yard required by district regulations Minimum lot width required by district regulations |
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| X (actual lot width) | = | Minimum side yard required by district regulations Minimum lot width required by district regulations |
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| X (actual lot width) | = | Minimum side yard required by district regulations Minimum lot width required by district regulations |
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| X (actual lot width) | = | Minimum side yard required by district regulations Minimum lot width required by district regulations |
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(Ord. No. 54, art. 8, § 8-102, 12-4-1958)
Effective on: 1/1/1901
Secs. 74-621—74-643. - Reserved.
Effective on: 1/1/1901
Sec. 74-644. - Authority to continue.
Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which is located on a lot which does not comply with the applicable lot size requirements or the applicable bulk regulations, may be continued, so long as it remains otherwise lawful, subject to the restrictions in sections 74-645 through 74-647.
(Ord. No. 54, art. 8, § 8-201, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-645. - Enlargement, repair, and alterations.
Any such structure described in section 74-644 may be enlarged, maintained, repaired or remodeled; provided, however, that no such enlargement, maintenance, repair or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure, except that for structures located on a lot that does not comply with the applicable lot size requirements, the side yard requirements shall be determined by section 74-619(b) or 74-620(b), whichever is applicable.
(Ord. No. 54, art. 8, § 8-202, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-646. - Damage or destruction.
In the event that any structure described in section 74-644 is damaged or destroyed by any means, to the extent of more than 50 percent of its valuation, such structure shall not be restored unless it shall thereafter conform to this chapter for the zoning district in which it is located; provided that structures located on a lot that does not comply with the applicable lot size requirements shall not in any event be required to provide a side yard that exceeds the yard requirements in section 74-619(b) or 74-620(b), whichever is applicable. When a structure is damaged to the extent of 50 percent or less, no repairs or restoration shall be made unless a building permit is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.
(Ord. No. 54, art. 8, § 8-203, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-647. - Moving.
No structure described in section 74-644 shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.
(Ord. No. 54, art. 8, § 8-204, 12-4-1958)
Effective on: 1/1/1901
Secs. 74-648—74-667. - Reserved.
Effective on: 1/1/1901
Sec. 74-668. - Authority to continue.
Any lawfully existing nonconforming use of part or all of a structure or any lawfully existing nonconforming use of land, not involving a structure or only involving a structure which is accessory to such use of land, may be continued, so long as otherwise lawful, subject to the regulations contained in sections 74-670 through 74-678.
(Ord. No. 54, art. 8, § 8-301, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-669. - Land uses.
All nonconforming uses of land, not involving a structure or involving structures which are accessory to such use of land, shall be eliminated or made to conform with the zoning regulations then in effect in the zoning district in which located within three years from the date such use became nonconforming.
(Ord. No. 54, art. 8, § 8-502, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-670. - Ordinary repair and maintenance.
(Ord. No. 54, art. 8, § 8-302, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-671. - Extension.
A nonconforming use shall not be extended, expanded, enlarged, or increased in intensity. Such prohibited activities shall include, but are not limited to:
- Extension of such use to any structure or land area other than one occupied by such nonconforming use on the effective date of the ordinance from which this chapter is derived, or on the effective date of a subsequent amendment hereto that causes such use to become nonconforming.
- Extension of such use within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of the ordinance from which this chapter is derived, or on the effective date of a subsequent amendment hereto that causes such use to become nonconforming. Such use may be extended throughout that portion of such building or other structure that was lawfully and manifestly designed or arranged to accommodate such use on such effective date.
- Operation of such nonconforming use in such manner as to conflict with or to further conflict with this chapter, or a subsequent amendment hereto, that results in such use becoming nonconforming is prohibited, and use limitations apply which have been established for the zoning district in which such use is located.
(Ord. No. 54, art. 8, § 8-303, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-672. - Enlargement.
No structure which is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner unless such structure and the use shall thereafter conform to the regulations of the zoning district in which it is located.
(Ord. No. 54, art. 8, § 8-304, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-673. - Damage or destruction.
In the event that any structure which is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than 50 percent of its valuation, such structure shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. When such damage or destruction is 50 percent or less, no repairs or restoration shall be made unless a building permit is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.
(Ord. No. 54, art. 8, § 8-305, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-674. - Moving.
No structure which is devoted in whole or in part to a nonconforming use shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot, unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so moved. No nonconforming use of land shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
(Ord. No. 54, art. 8, § 8-306, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-675. - Change in use.
A nonconforming use shall not be changed to any use other than a use permitted in the zoning district in which the use is located. When a nonconforming use has been changed to any permitted use, it shall not be changed back to a nonconforming use.
(Ord. No. 54, art. 8, § 8-307, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-676. - Abandonment or discontinuance.
(Ord. No. 54, art. 8, § 8-308, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-677. - Nonconforming accessory uses.
No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate.
(Ord. No. 54, art. 8, § 8-309, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-678. - Nonconforming residential uses.
Notwithstanding the provisions of sections 74-671 and 74-672, any structure which is devoted to a residential use and which is located in a business or manufacturing district, may be remodeled, extended, expanded or enlarged; provided, that after any such remodeling, extension, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work.
(Ord. No. 54, art. 8, § 8-310, 12-4-1958)
Effective on: 1/1/1901
Sec. 74-679. - Status of existing conditional uses.
Where a conditional use existed at the effective date of the ordinance from which this chapter is derived, and was permitted only as a conditional use in the zoning district in which it is located, such use shall not be deemed to be a nonconforming use, but shall without further action, be deemed a lawful conforming use in such zoning district.
(Ord. No. 54, art. 8, § 8-401, 12-4-1958)
Effective on: 1/1/1901
Secs. 74-680—74-703. - Reserved.
Effective on: 1/1/1901