Mt Vernon City Zoning Code
ARTICLE VII
Non-Conforming Uses
Section 405.460 General.
[R.O. 2004 § 405.460; Ord. No. 2.56 § 2(Art. 10 § 1), 1-9-2001]
A.
Non-conformities are of three (3) types: non-conforming lots of record, non-conforming structures and non-conforming uses. A definition of each type is as follows:
1.
Non-Conforming Lot Of Record. An unimproved lot which is part of a recorded subdivision or a parcel of land, the deed to which was recorded prior to the adoption of these regulations and neither said lot nor parcel complies with the lot width or area requirements for any permitted use in the district in which it is located.
2.
Non-Conforming Structure. An existing structure which does not comply with the height or yard requirements which are applicable to new structures in the zoning district in which it is located.
3.
Non-Conforming Use. An existing use of a structure or of land which does not comply with the use regulations applicable to new uses in the zoning district in which it is located.
Section 405.470 Non-Conforming Lots Of Record.
[R.O. 2004 § 405.470; Ord. No. 2.56 § 2(Art. 10 § 2), 1-9-2001]
A.
The Building Inspector shall issue a building permit for any non-conforming lot of record, provided that:
1.
Said lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning regulations, and
2.
Said lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning regulations, and
3.
Said lot can meet all yard regulations for the district in which it is located, and
4.
Said lot can be served by municipal sewerage disposal or can meet minimum standards for on-site sewage treatment as required by the County Health Office should the City determine that the lot cannot be served by the municipal disposal system.
Section 405.480 Non-Conforming Structures.
[R.O. 2004 § 405.480; Ord. No. 2.56 § 2(Art. 10 § 3), 1-9-2001]
A.
Authority To Continue. Any non-conforming structure, which is devoted to a use which is permitted in the zoning district in which it is located, may be continued so long as it remains otherwise lawful.
B.
Enlargement, Repair, Alterations. Any non-conforming structure may be enlarged, maintained, repaired or remodeled; provided however, no such enlargement, maintenance, repair or remodeling shall either create any additional non-conformity or increase the degree of existing non-conformity of all or any part of such structure; provided further, existing manufactured home parks not meeting the requirements of this Section shall be declared non-conforming and shall not be permitted to add spaces or make any improvements inconsistent with the terms and conditions of this Section.
C.
Damage Or Destruction. In the event that any non-conforming structure is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its appraised value, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located. When a structure is damaged to the extent of fifty percent (50%) or less, no repairs or restoration shall be made unless a building permit is obtained and restoration is actually begun within one (1) year after the date of such partial destruction and is diligently pursued to completion.
D.
Moving. No non-conforming structure 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.
Section 405.490 Non-Conforming Uses.
[R.O. 2004 § 405.490; Ord. No. 2.56 § 2(Art. 10 § 4), 1-9-2001]
A.
Authority To Continue. Any lawfully existing non-conforming use or part or all of a structure or any lawfully existing non-conforming use of land may be continued so long as otherwise lawful.
B.
Ordinary Repair And Maintenance.
1.
Normal maintenance and incidental repair or replacement, installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing may be performed on any structure that is devoted in whole or in part to a non-conforming use.
2.
Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition.
C.
Extension. A non-conforming use shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activities shall include, without being limited to:
1.
Extension of such use to any structure or land area other than that occupied by such non-conforming use on the effective date of these regulations (or on the effective date of subsequent amendments hereto that cause such use to become non-conforming).
2.
Extension of such use within a structure to any portion of the floor area that was not occupied by such non-conforming use on the effective date of these regulations (or on the effective date of subsequent amendments hereto that cause such use to become non-conforming); provided, however, that such use may be extended throughout any part of such structure that was lawfully and manifestly designed or arranged for such use on such effective date.
D.
Enlargement. No structure that is devoted in whole or in part to a non-conforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.
E.
Damage Or Destruction. In the event that any structure that is devoted in whole or in part to a non-conforming use is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its appraised value, 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 fifty percent (50%) or less, no repairs or restoration shall be made unless a building permit is obtained and restoration is actually begun within one (1) year after the date of such partial destruction and is diligently pursued to completion.
1.
Any lawfully existing non-conforming use that exists in a current "R-1" Single-Family Residential District as shown on the Official Zoning District Map that becomes damaged or destroyed by any means to an extent of fifty percent (50%) or more of its appraised value may be repaired or restored if the owner first obtains a building permit, and said repair or restoration begins within one (1) year of such destruction and is diligently pursued to completion.
[Ord. No. 2.154 § 1, 2-12-2013]
F.
Moving. No structure that is devoted in whole or in part to a non-conforming use and no conforming 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 the entire structure and the use thereof or the use of land shall thereafter conform to all regulations of the zoning districts in which it is located after being so moved.
G.
Change In Use. If no structural alterations are made, any non-conforming use of a structure or structure and premises may as a conditional use be changed to another non-conforming 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 non-conforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with Article XI. Once a change is made to a more appropriate use, the use shall not be returned to the original use or a less appropriate use.
H.
Abandonment Or Discontinuance. When a non-conforming use is discontinued or abandoned for a period of twelve (12) consecutive months, such use shall not thereafter be reestablished or resumed and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.
I.
Non-Conforming Accessory Uses. No use which is accessory to a principal non-conforming use shall continue after such principal use shall cease or terminate.
J.
Non-Conforming Residential Uses. Notwithstanding the provisions of Section 405.490(C) and (D), any structure which is devoted to a residential use and which is located in a business or industrial district may be remodeled, extended, expanded and enlarged; provided that after any such remodeling, 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.
Section 405.495 Exception Or Waiver Of Regulations For Non-Conforming Uses.
[R.O. 2004 § 405.495; Ord. No. 2.130 § 1, 4-24-2007]
A.
Whenever the Planning and Zoning Commission deems that extraordinary hardship or practical difficulties may result from strict compliance with these regulations and/or the purpose of these regulations may be better served by an alternative proposal, it may recommend an exception or waiver of the conditions of these regulations. In recommending exception or waiver, the Planning and Zoning Commission shall consider the following:
1.
The conditions that the request is based upon constitute special circumstances or conditions affecting the property for which the relief is sought are not generally applicable to other property.
2.
The exception or waiver is necessary for the reasonable and acceptable development of the property in question and involves a particular hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out.
3.
The granting of the exception or waiver will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated.
4.
The granting of the exception or waiver will not in any manner vary the provisions of the zoning regulations.
5.
Certain conditions that may be deemed necessary by the City for the granting of an exception or waiver shall be documented and authorized by both the City and petitioner and are to be kept on permanent file with the City.
B.
Procedure. A completed application for an exception or waiver of conditions shall be submitted in writing to the Zoning Administrator, along with the appropriate fee by the owner or owner's authorized, agent. The application shall then be placed on the agenda for the next regular meeting of the Planning and Zoning Commission for review and recommendation. The Board of Aldermen shall consider the Commission's recommendation, with conditions, if any, at the next regularly scheduled meeting of the Board. The Board may:
1.
Approve the Commission's recommendation by a simple majority vote.
2.
Override the Commission's recommendation by a two-thirds (2/3) majority vote of the membership of the Board.
Should the applicant's request be denied, the reasons shall be stated on the record. Should the applicant's request be granted by the Board, the City shall adopt an ordinance to that effect. Such waiver or exception, along with conditions, if any, shall run with the land and bind all successors, heirs and assignees of the owner. |
Section 405.500 Status Of Conditional Uses.
[R.O. 2004 § 405.500; Ord. No. 2.56 § 2(Art. 10 § 5), 1-9-2001]
A.
Status Of Existing Conditional Uses. Where a use exists at the effective date of these regulations and is permitted by these regulations only as a conditional use in the zoning district in which it is located, such use shall not be deemed to be a non-conforming use but shall, without further action, be deemed a lawful conforming use in such zoning district. Such conditional use shall not be enlarged or expanded unless a conditional use application is approved as set out in Article IX of these regulations.
B.
Status Of Future Conditional Uses. Any use for which a conditional use permit has been issued, as provided in these regulations, shall not be deemed to be a non-conforming use but shall, without further action, be deemed a lawful conforming use.