North Platte City Zoning Code
NON-CONFORMING USES
AND STRUCTURES
§ 156.370 NONCONFORMING, GENERAL INTENT.
It is the intent of this subchapter is to permit lawful nonconformities to continue until they are removed, but not encourage their survival. Such uses are declared by this subchapter to be incompatible with permitted uses in the districts involved. It is further the intent of this subchapter 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 except as may be authorized in this title.
(Prior Code, § 56-561) (Am. Ord. 3840, § 1, 4-3-2012; Am. Ord. 4092, § 1, 6-7-2022)
§ 156.371 CONFORMING LOTS OF RECORD.
In any district, notwithstanding limitations imposed by other provision of this chapter, a primary structure and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this subchapter. 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 provided that the yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Adjustment.
(Ord. 4092, § 1, 6-7-2022)
§ 156.372 NONCONFORMING STRUCTURES.
(A) Authority to continue. Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which is located on a lot which does not comply with the applicable lot size requirements and/or the applicable bulk regulations, may be continued, so long as it remains otherwise lawful, subject to the restrictions of this section.
(B) Enlargement, repair, alterations. Any such structure described in this section may be enlarged, maintained, repaired or remodeled; provided, however, that no such enlargement, maintenance, repair or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure, except that as to structures located on a lot that does not comply with the applicable lot size requirements, the side yard requirements shall be in conformance with this section, and unless otherwise permitted by a variance permit unless otherwise approved or as specified in the residential district.
(C) Damage or destruction.
(1) In the event that any structure described in § 156.372 is damaged or destroyed, by any means other than intentional destruction, to the extent of more than 60% of its assessed value, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located; provided that structures located on a lot that does not comply with the applicable lot size requirements shall not have a side yard of less than 5 feet. When a structure is damaged to the extent of less than 60% of its structural value, no repairs or restoration shall be made unless a building permit is obtained and restoration is actually begun within 1 year after the date of such partial destruction and is diligently pursued to completion.
(2) Complete reconstruction of a nonconforming structure may be allowed if the structure is damaged or destroyed by natural means and not through intentional destruction or actions of the property owner or tenant. Reconstructed structures shall not be allowed to increase the level of nonconformity with regard to setbacks or lot coverage.
(D) Moving. No 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.
(Ord. 4092, § 1, 6-7-2022)
§ 156.373 NONCONFORMING USES.
(A) Nonconforming uses of land. Where at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter 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 or this subchapter.
(2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this subchapter.
(3) If any such nonconforming use of land ceases for any reason for a period of more than 12 consecutive months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(B) Nonconforming uses of structures. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this subchapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful subject to the following provisions:
(1) No existing structure devoted to a 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;
(2) Any nonconforming 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;
(3) If no structural alterations are made, any nonconforming use of a structure or structures and premises may be changed to another nonconforming 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 nonconforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguard in accord with the provisions of this chapter;
(4) 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;
(5) When a nonconforming use of a structure or structure and premises in combination is discontinued or abandoned for 12 consecutive months, the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located;
(6) Where nonconforming use status is applied to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. 4092, § 1, 6-7-2022)
§ 156.374 REPAIRS AND MAINTENANCE.
(A) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing provided that the cubic content of the building as it existed at the time of passage of amendment of this subchapter shall not be increased.
(B) 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.
(Ord. 4092, § 1, 6-7-2022)
§ 156.375 EXTENSION OF NONCONFORMING USES.
(A) The City Council may, when it deems proper, permit alterations, extensions, expansions, and the remodeling or rebuilding of such structures or extensions or expansions of a land use in all cases where a refusal to do so would bring hardship to the owner or occupants and in all cases where justice requires the granting of the same. The City Council may attach appropriate conditions to the granting of any such relief. Whenever a use district shall be hereafter changed, any then existing nonconforming use in such changed district may be continued or changed to a use permitted in that zoning district, provided, all other regulations governing the new use are complied with.
(B) Nonconforming mobile homes situated on residential zoned lots are allowed to extend the nonconformity with approval of a permit application if the mobile home meets the following requirements:
(1) The roof shall be pitched with a minimum vertical rise of 2
½ inches for each 12 inches of horizontal run;
(2) The exterior material shall be of a color, material, and scale comparable with those existing in residential site-built, single-family construction;
(3) The home shall have wheels, axles, and removable towing apparatus removed; and
(4) The home must meet the standards in § 150.008.
(Ord. 4092, § 1, 6-7-2022)