Midlothian City Zoning Code
SECTION 9
NONCONFORMING LOTS, USES AND STRUCTURES
§ 9.01 INTENT.
Within the districts established by this ordinance, or amendments that may later be adopted, there exist lots, structures, and uses of land, which were lawful before this ordinance was passed or amended, or before the land was annexed into the City, but would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit those nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(Ordinance 2013-24, sec. 9.01, adopted 7/9/13)
§ 9.02 HARDSHIPS REGARDING NONCONFORMING USES AND STRUCTURES.
To avoid undue hardship, nothing in this ordinance 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 ordinance and upon which actual building construction has been diligently carried on.
(Ordinance 2013-24, sec. 9.02, adopted 7/9/13)
§ 9.03 NONCONFORMING LOTS.
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any nonconforming lot whether such lot was created by plat or separate ownership/instrument prior to adoption of Ordinance No. 116 (approved on May 4, 1959) or amendment thereto, or before annexation of land into the City. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district. Development on such lot shall conform to the minimum dwelling square footage, residential density, percent impervious area, height, front yard setback, side yard setback, and rear yard setback requirements for the district in which the lot is located. Variance of area, width, and yard requirements shall be obtained only through action of the Zoning Board of Adjustments.
(Ordinance 2013-24, sec. 9.03, adopted 7/9/13)
§ 9.04 RECONSTRUCTION OF OWNER-OCCUPIED, NONCONFORMING RESIDENTIAL STRUCTURES.
a)
In any district where a residential structure was lawfully constructed and occupied prior to the adoption of this ordinance or annexation of land into the City, said structure may be reconstructed in accordance with the following provisions:
1)
The primary structure and any related accessory buildings shall be rebuilt according to the building footprint as it existed prior to the event necessitating reconstruction,
2)
The reconstruction shall not in any way result in the modification or expansion of any nonconforming structure or nonconforming use, and
3)
The nonconforming structure must have been occupied by the property owner prior to the event necessitating reconstruction.
(Ordinance 2013-24, sec. 9.04, adopted 7/9/13)
§ 9.05 NONCONFORMING USE OF LAND.
a)
When, at the effective date of adoption or amendment of this Ordinance or annexation of land into the City, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
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)
If any such nonconforming use of land voluntarily ceases for any reason for a period of 6 months or more, 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 2013-24, sec. 9.05, adopted 7/9/13)
§ 9.06 NONCONFORMING STRUCTURES.
a)
When, on the effective date of adoption or amendment of this ordinance or annexation of land into the City, a building or structure exists that could not be built under the terms of this ordinance 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 so long as it remains otherwise lawful, subject to the following provisions:
1)
Such structure may not be enlarged in a way which increases its nonconformity; and
2)
Such structure may not be altered in a way which increases its nonconformity; and
3)
Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance;
4)
In determining the replacement cost of any nonconforming building or structure, there shall not be included therein the cost of land or any factors other than the most current value for improvements as shown on the current tax roll.
(Ordinance 2013-24, sec. 9.06, adopted 7/9/13)
§ 9.07 NONCONFORMING USE OF STRUCTURES.
a)
When, on the effective date of adoption or amendment of this ordinance or annexation of land into the City, a use of a building or structure, or of structure and premises in combination, exists that would not be allowed in the district under the terms of this ordinance, the use may be continued, subject to the following provisions:
1)
No building or structure associated with a nonconforming use 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;
2)
Any nonconforming use may be extended throughout any parts of a building, but no such expansion of use shall be extended to occupy any land outside such building and no such expansion of use shall require the enlargement, extension, construction, reconstruction, movement, or structural alteration of the structure the use occupies;
3)
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed;
4)
When a nonconforming use of a structure, or structure and premises in combination, voluntarily becomes vacant and remains unoccupied or out of use for a continuous period of 6 months or more, the structure thereafter shall not be used except in conformance with the regulations of the district in which it is located;
5)
Whenever a building or structure containing a nonconforming use is destroyed or damaged by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, the nonconforming use status shall be immediately terminated.
6)
In determining the replacement cost of any building or structure housing a nonconforming use, there shall not be included therein the cost of land or any factors other than the most current value for improvements as shown on the current tax roll.
(Ordinance 2013-24, sec. 9.07, adopted 7/9/13)
§ 9.08 REPAIRS AND MAINTENANCE.
a)
On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing. The cubic content of the building or structure as it existed at the time of passage or amendment of this ordinance shall not be increased.
b)
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 public safety, upon order of such official.
(Ordinance 2013-24, sec. 9.08, adopted 7/9/13)
§ 9.09 USES UNDER SPECIAL EXCEPTION.
Any use for which a special exception is permitted as provided in this ordinance shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district only for the single property granted such exception.
(Ordinance 2013-24, sec. 9.09, adopted 7/9/13)