11.01.01.

It is the purpose of this Article to provide for the regulation of nonconforming structures, lots of record and uses, and to specify those circumstances and conditions under which such nonconformities may continue. It is necessary and consistent with the regulations of this Ordinance that nonconformities that adversely affect orderly development and the value of nearby property not be permitted to continue without restriction.

11.01.02.

Nonconformities are existing uses, lots and structures that were previously lawful, but that do not comply with one or more provisions of this Ordinance on their effective date.

A.

Legally established structures and uses in existence at the time of adoption of this Ordinance are permitted to continue subject to the provisions of this Article.

B.

Uses that were illegally established prior to the adoption of this Ordinance remain illegal and are subject to penalties and remedies.

11.01.03.

It is the intent of this Ordinance that legal nonconformities, as described in Paragraph A above, be allowed to continue, but not be enlarged or used as the grounds for additional nonconformities.

(Ord. No. 2249, 1(Exh. A), 12-16-24)

11.02.01.

Nonconforming Lot of Record. Any validly recorded lot, which, at the time it was recorded, complied with all applicable laws and ordinances, but which does not fully comply with the minimum area, lot width, or street frontage requirements of this Ordinance.

A.

Nonconforming Developed Lot of Record. A lot of record that is occupied by a conforming use but that does not comply with the lot, yard and setback requirements of this Ordinance.

B.

Nonconforming Vacant Lot of Record. A vacant lot of record that does not contain sufficient land to comply with the lot, yard and setback requirements of this Ordinance.

11.02.02.

Nonconforming Structure or Development Site. Any structure or development site established prior to the effective date of the regulations with which it does not comply.

11.02.03.

Nonconforming Use. Any use of land or structures which was legally established prior to the effective date of the regulations with which it does not comply.

11.02.04.

Nonconformity. Any land use or physical design of development, structure, or lot of record legally established prior to the effective date of the regulations with which it does not comply.

(Ord. No. 2249, 1(Exh. A), 12-16-24)

11.03.01.

Except as otherwise provided in this Article, any nonconforming lot, use, or structure lawfully existing on the effective date of the regulations with which it does not comply, may be continued so long as it remains otherwise lawful.

11.03.02.

No nonconformity may be enlarged upon, expanded, or extended unless such alteration is in full compliance with all requirements of this Ordinance, except as noted in this Section. Normal maintenance and incidental repair of nonconformity are permitted, provided that this does not violate any other Section of the Article.

A.

Nothing in this Article is intended to prevent the strengthening or restoration of a structure to a safe condition in accordance with an order of a public official charged with protecting the public safety and who declares such structure to be unsafe, provided that such restoration is not otherwise in violation of the provisions of this Section.

B.

Nothing in this Article is intended to prohibit routine maintenance, restoration of a structure to a safe condition, or internal renovations, provided the total value of such activities does not exceed 50% of the appraised value of the structure as determined by the Tuscaloosa County Tax Assessor.

C.

An extension, for the exclusive purpose of providing required off-street parking or loading spaces, involving no structural alteration or enlargement of such structure, does not constitute an expansion of nonconformity subject to the restrictions of this Article.

11.03.03.

No nonconformity may be moved, in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure thereafter conforms to the regulations of this Ordinance. However, the Board may approve a Special Exception to move a nonconformity to another location on the same lot if such change reduces incompatibility with the use of adjoining properties. Neither the placement nor replacement of manufactured homes for permanent residential use are eligible for such consideration.

11.03.04.

Regardless of any other provision of this Article, no use or structure which is accessory to a principal nonconforming use or structure may continue after such principal use or structure has ceased or terminated, unless it thereafter conforms to all regulations of this Ordinance.

11.03.05.

In all cases, establishing the lawful status of any nonconformity is the responsibility of the owner of such nonconformity, not the City of Northport.

11.03.06.

In the event that a structure or premises occupied by a nonconforming use becomes and remains vacant for a continuous period of six months, the use of same must thereafter conform to the use regulations of this Ordinance, regardless of the intent of the owner or occupant.

11.03.07.

A development site that is nonconforming by physical design (e.g., insufficient parking, landscaping, setbacks, etc.) may be utilized for any land use permitted at that location. However, any permits for additional floor area or the replacement of any structure on the development site, are contingent upon bringing the entire site into conformity with this Ordinance.

(Ord. No. 2249, 1(Exh. A), 12-16-24)

11.04.01.

Subject to the provisions of this Section, a nonconforming vacant lot of record may be used for any principal use permitted in the applicable district, provided that for any use which is to be served by an individual well or septic system, the nonconforming lot must comply with the minimum requirements of the Tuscaloosa County Health Department.

11.04.02.

Appeal to Build on Nonconforming Vacant Lot of Record.

A.

A nonconforming vacant lot may be used as a building site for any use permitted in the applicable district provided:

1.

Other requirements of this Ordinance are complied with; or

2.

Application is made for a variance from applicable requirements that cannot be met.

B.

A variance for a nonconforming vacant lot of record must conform, as closely as possible to the lot area, yard and building setback and other requirements and:

1.

The front setback may not be less than the average of the setbacks of existing buildings within 200 feet on each side of the lot; except, no front yard may be less than 20 feet in any district that requires a front setback greater than 20 feet.

2.

At least one side yard may not be reduced to less than ten feet in width and the other side yard not less than five feet in width unless the district requires lesser side setbacks.

3.

The rear setback may not be less than 20 feet.

4.

No more than one principal use and building may be allowed on a nonconforming vacant lot of record.

(Ord. No. 2249, 1(Exh. A), 12-16-24)

Expansion of Conforming Use. Provided a proposed use is permitted in the applicable district, the use or structure may be expanded, in accordance with all other requirements, within the buildable area defined by this Ordinance.

(Ord. No. 2249, 1(Exh. A), 12-16-24)

11.06.01.

Structures and related uses lawfully existing on the effective date of the regulations with which they do not comply may continue subject to the following conditions. Any construction, improvement to land or change in use not in compliance with the applicable regulations of this Ordinance and that occurs after the effective date of such regulations is a violation of this Ordinance and may not be continued.

A.

The expansion of nonconforming use within an existing structure is allowed provided the use will be expanded in a space contiguous with the existing use. The expansion is limited to within the existing structure. A nonconforming use may not be expanded or relocated, in whole or part, to a non-contiguous part of a structure. All required on-site improvements, such as parking, loading and landscaping must be provided before the use is expanded within the building.

B.

A nonconforming use of land or structures that is changed to a conforming use may not revert to a nonconforming use. A nonconforming use of land or structures may not be changed to another nonconforming use unless the Board determines, through consideration of a Special Exception, that the proposed use will be more compatible with adjoining uses. In such case, the use may not revert to the previous nonconforming use nor any other nonconforming use that is less compatible with adjoining uses.

C.

A nonconforming structure and related use may not be enlarged, intensified, or altered in a manner that increases the nonconformity, but may be altered to decrease the nonconformity.

(Ord. No. 2249, 1(Exh. A), 12-16-24)

11.07.01.

Nothing in this Ordinance is intended to require a change in plans, construction, use or occupancy of land or structures on which construction was lawfully begun and has been diligently continued prior to the effective date of any regulation herein that would make the use, structure or occupancy nonconforming. Refer to Section 1.05, Transitional Rules.

(Ord. No. 2249, 1(Exh. A), 12-16-24)

A nonconforming structure or use may not be rebuilt or restored except in conformance with the provisions of this Ordinance after being damaged by any means to the extent of 50% or more of the appraised value at the time the damage occurred. If a nonconforming structure is damaged less than 50% of its appraised value at the time of damage it may be rebuilt or restored and used provided the rebuilding or restoration is started within six months following the date of such damage and that restoration work is diligently continued. A request for extension of the start of rebuilding or restoration may be requested as a Special Exception by the Board, provided said request is made within the initial six-month period.

(Ord. No. 2249, 1(Exh. A), 12-16-24)