North Manchester City Zoning Code
NON-CONFORMITIES
§ 156.425 INTENT.
(A) Within the districts established by this chapter or by amendments that may later be adopted, there may exist:
(1) Non-conforming lots;
(2) Non-conforming structures;
(3) Non-conforming uses of land;
(4) Non-conforming uses of land and structures in combination; and
(5) Non-conforming characteristics of use.
(B) These non-conformities were lawful before this chapter was passed or amended, but they are prohibited, regulated or restricted under the terms of this chapter or may be under future amendments hereto. It is the intent of this chapter to permit these non-conforming uses to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that non-conforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses which are prohibited elsewhere in the same district. Illegal uses existing at the time this chapter is enacted shall not be validated by virtue of its enactment.
(Ord. passed 9-26-2006)
§ 156.426 INCOMPATIBILITY OF NON-CONFORMING USES.
Non-conforming uses are declared by this chapter to be incompatible with permitted uses in the districts in which such use is located. A non-conforming use of a structure, a non-conforming use of land or a non-conforming use of a structure and land in combination shall not be extended or enlarged after passage of this chapter by the addition of other uses or structures or enlargements of existing uses or structures, of a nature which would be generally prohibited in the district in which the use or structure is located.
(Ord. passed 9-26-2006)
§ 156.427 SINGLE NON-CONFORMING LOTS OF RECORD.
(A) In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record after the effective date of adoption or amendment of this chapter notwithstanding limitations imposed by other provisions of this chapter. Such lots must be in separate ownership or included in a subdivision of record in the office of the county’s Recorder at the time of passage of this chapter. This provision shall apply even though such lots fail to meet the requirements for area or width, or both, that are generally applicable in the district; provided that, yard dimensions and requirements other than those applying to area or width, or both, of the lots shall conform to regulations for the district in which such lots are located. Variances of requirements, other than lot area or lot width, shall be obtained only through action of the Board of Zoning Appeals, as provided herein.
(B) Non-conforming lots of record may be developed under the following conditions.
(1) The minimum side and rear yard setbacks shall be proportionally applied by the Building Commissioner as based on the proportion that the non-conforming lot is smaller than the minimum lot size required in the district that the lot is located. Fractional numbers shall be rounded up to the nearest whole number.
(2) In no case shall the side or rear yard be modified by more than 50% of the minimum yard requirement for the district in which the lot of record is located without requesting a variance before the Board of Zoning Appeals pursuant to the requirements of this chapter.
(3) The front yard setback shall not be altered in order to keep the continuity of the front yard setback of surrounding properties.
(Ord. passed 9-26-2006)
§ 156.428 NON-CONFORMING LOTS OF RECORD IN COMBINATION.
If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter and no portion of said parcel shall be used or sold in a manner which diminishes compliance with the lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in this chapter.
(Ord. passed 9-26-2006)
§ 156.429 NON-CONFORMING USES OF LAND.
Where, at the time of adoption of this chapter, lawful uses of land exist which would not be permitted by the regulations imposed by this chapter, the uses may be continued so long as they remain otherwise lawful; provided:
(A) No such non-conforming uses 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 chapter;
(B) No such non-conforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this chapter;
(C) If any such non-conforming uses of land are discontinued or abandoned for more than one year, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located; and
(D) No additional structure not conforming to the requirements of this chapter shall be erected in connection with such non-conforming use of land.
(Ord. passed 9-26-2006)
§ 156.430 NON-CONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not now be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No such non-conforming structure may be enlarged or altered in a way which increases its non- conformity, but any structure or portion thereof may be altered to decrease it non-conformity.
(B) Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to the extent of more than 50% of the fair market value of the building immediately prior to the damage, it shall not be reconstructed except in conformity with the provisions of this chapter.
(C) Should such structure be moved for any reason for any distance whatever it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(D) Normal maintenance may be conducted on the structure in order to keep it safe, neat and orderly in appearance.
(Ord. passed 9-26-2006)
§ 156.431 NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION.
If a lawful use involving individual structures and/or the use of land, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district or under the terms of this chapter the prior use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No existing structure devoted to use not permitted by this chapter in the district in which it is located 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.
(B) A non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(C) Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the non- conforming use may not thereafter be resumed.
(D) When a non-conforming use of a structure, or structure and land in combination is discontinued or abandoned for more than one year (except when government action impedes access to the premises), the structure or structure and land in combination, shall not thereafter be used, except in conformity with the regulations of the district in which it is located.
(E) Where non-conforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.
(Ord. passed 9-26-2006)
§ 156.432 REPAIRS AND MAINTENANCE.
On any non-conforming structure or portion of a structure containing a non-conforming use, repairs and maintenance may be done as needed including, but not limited to, the replacement of non-bearing walls, fixtures, wiring or plumbing; provided that, the square footage of when it became non-conforming shall not be increased. Nothing in this subchapter 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 the public safety, upon order of such official. If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt, except in conformity with the regulations of the district in which it is located.
(Ord. passed 9-26-2006)