Monticello City Zoning Code
NONCONFORMANCES
§ 153.050 PURPOSE.
(A) It is the intent of this subchapter to permit existing, legal nonconforming lots, structures, or uses to continue until they are removed but not encourage their continuation.
(B) It is recognized that there exists within the districts established by this code and subsequent amendments, lots, structures, and use of land and structures which were lawful before this chapter was passed or amended which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments.
(C) Such uses are declared by this subchapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter 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.
§ 153.051 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NONCONFORMANCE. A nonconforming lot, structure or use which lawfully existed before these regulations or future amendments, but which is prohibited in the district in which it exists under the terms of these regulations.
NONCONFORMING LOT. A lot which fails to meet the requirements for area or width, or both, that are generally applicable in the district in which the lot is located; setbacks and requirements other than those applying to area or width or both of the lot shall conform to the regulations for the district in which the lot is located.
NONCONFORMING STRUCTURE. A structure which was legally constructed prior to the effective date of these regulations or subsequent amendment thereto, which would not be permitted as a new structure under the terms of these regulations because the structure is not in conformance with the yards, height, coverage, or other requirements of the district in which it is located.
NONCONFORMING USE. A use of a structure or lot which was legal prior to the effective date of these regulations, or subsequent amendment thereto, which would not be permitted as an allowed use under the terms of these regulations.
§ 153.052 NONCONFORMING LOT.
(A) In any district in which single-family dwellings are permitted, a single-family dwelling and accessory buildings may be erected on any single nonconforming lot of record at the effective date of adoption or amendment of these regulations, notwithstanding limitations imposed by other provisions of these regulations.
(B) If 2 or more lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for purposes of this chapter, and no portion of the lands shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by these regulations, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in these regulations.
(C) A structure located on a nonconforming recorded lot is not classified as a nonconforming structure solely because of insufficient lot area or width.
§ 153.053 NONCONFORMING STRUCTURE.
(A) Maintenance and repairs shall be permitted to be made to nonconforming structures, provided the extent of the nonconformance is not increased.
(B) All additions or structural alterations to nonconforming structures shall conform to the requirements of this code.
(C) Should a nonconforming structure be damaged or destroyed by any means to an extent of more than 50% of its fair market value at time of destruction, it shall not be reconstructed except in conformity with the provisions of these regulations.
(D) Damage to an extent less than 50% shall be repaired in a manner as nearly conforming as possible. No repairs or reconstruction shall be made unless the restoration is started within 6 months from the date of partial destruction and restoration is completed within 6 months from the start of construction.
§ 153.054 NONCONFORMING USE.
(A) A change of use of a nonconforming use of a structure or parcel of land shall not be made except to that of a conforming use. Where such change is made, the use shall not thereafter be changed back to a nonconforming use.
(B) Maintenance and repairs shall be permitted to be made to a building housing a nonconforming use, provided the extent of the nonconformance is not increased.
(C) Additions to structures housing nonconforming uses that increase the area of a nonconforming use shall not be made.
(D) Should a structure housing a nonconforming use be damaged or destroyed by any means to an extent of more than 50% of its fair market value at time of destruction, it shall not be reconstructed except in conformity with the provisions of these regulations.
(E) Damage to an extent less than 50% shall be repaired in a manner as nearly conforming as possible. No repairs or reconstruction shall be made unless the restoration is started within 6 months from the date of partial destruction and restoration is completed within 6 months from the start of construction.
(F) There may be a change of tenancy, ownership or management of any existing nonconforming use of land or structure, provided all other provisions of this subchapter are met.
(G) Any lot or structure, or portion thereof, occupied by a nonconforming use, which is or hereafter becomes vacant and remains unoccupied by a nonconforming use for a period of 6 months shall not thereafter be occupied or used, except by a use that conforms to this chapter.