Morrisville City Zoning Code
ARTICLE VIII
Nonconformities
§ 465-56 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A structure or lot that does not conform to a dimensional regulation prescribed by this chapter for the district in which it is located or to regulations for signs, off-street parking, off-street loading, or accessory buildings, but which structure or lot was in existence at the effective date of this chapter and was lawful at the time it was established.
A use of a building or lot that does not conform to a use regulation prescribed by this chapter for the district in which it is located, but which was in existence at the effective date of this chapter, was lawful at the time it was established, and is duly recorded under the provisions of § 465-64.
§ 465-57 Continuation.
[Amended 11-18-2002 by Ord. No. 924]
The lawful use of any structure or land existing at the effective date of this chapter may be continued although such use does not conform with the provisions of this chapter, except as otherwise provided in this article.
§ 465-58 Alteration or extension.
A.
A use of land or structure which does not conform to the regulations of Article IV, Land Use Regulations, shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:
(1)
Such alteration or extension shall be permitted only by special exception under the provisions of Article X and only upon the same lot which was in existence at the date the use became nonconforming.
[Amended 11-18-2002 by Ord. No. 924]
(2)
Any increase in volume, area or extent of the nonconforming use shall not exceed an aggregate of more than 50% during the life of the nonconformity.
B.
A structure which does not conform to the regulations of this chapter other than Article IV, Land Use Regulations, may be altered, reconstructed or enlarged, provided that no such nonconformity is increased beyond its extent on the date that it becomes nonconforming, provided that if the use of structure also falls under Subsection A of this section, any change shall be subject to the provisions of that subsection.
[Amended 11-18-2002 by Ord. No. 924]
C.
Nonconforming uses or structures which do not conform to the requirements of the Flood District shall not be altered, reconstructed, extended or enlarged except when permitted by special exception by the Zoning Hearing Board under the provisions of Article X and in compliance with the following:
[Amended 11-18-2002 by Ord. No. 924]
(1)
Existing structures located in any designated floodway shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.
(2)
Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
(3)
Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall be undertaken only in full compliance with the provisions of this chapter.
§ 465-59 Restoration.
A.
No structure which is damaged to the extent of more than 75% of its fair market value shall be repaired, reconstructed or used except in conformity with the regulations of this chapter.
B.
Structures with damage to the extent of 75% or less of its fair market value may be reconstructed, repaired or used for the same nonconforming use, subject to the following conditions:
(1)
The height, area and volume of the reconstructed structure shall not exceed the height, area and volume of the structure prior to damage, except as provided in § 465-64.
(2)
The reconstructed portion of the structure shall be brought into conformance with the dimensional criteria specified in § 465-18.
(3)
Reconstruction or repair shall commence within one year of the date of damage and shall be carried out to completion without interruption.
§ 465-60 Abandonment.
A.
Whenever a nonconforming use has been discontinued for a period of one year, such use has been abandoned and shall not thereafter be reestablished. Any future use shall be in conformity with the provisions of this chapter.
§ 465-61 Changes.
[Amended 11-18-2002 by Ord. No. 924]
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may not be changed to another nonconforming use.
§ 465-62 Displacement.
No nonconforming use shall be extended to displace a conforming use.
§ 465-63 District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification the foregoing provisions shall also apply to any nonconforming uses or structures existing therein.
§ 465-64 Registration of nonconforming uses.
The Zoning Officer shall provide for the registration of all uses which are nonconforming under the terms of this chapter within a reasonable time after the effective date of the chapter. The record of nonconforming uses shall certify, after inspection, the extent and kind of use and disposition of the buildings and land. Upon notification, each occupant or owner of a premises used for nonconforming use shall make available such information as may be necessary to determine the extent and nature of the nonconforming use.