Oak City City Zoning Code
NON-CONFORMING USES
AND STRUCTURES
§ 155.150 INTENT AND SCOPE.
(A) (1) Within the districts established by this chapter, there exists:
(a) Lots;
(b) Structures;
(c) Signs;
(d) Uses of land and structures; and
(e) Characteristics of use which were lawful before the ordinance codified as this chapter was passed, but which would be prohibited, regulated or restricted under the terms of this chapter.
(2) It is the intent of this chapter to permit these non-conformities to continue until they are removed but not to encourage their survival and to prohibit any enlargement of such uses.
(B) (1) Non-conforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved.
(2) A non-conforming use of land, or a non-conforming use of structure and land in combination, shall not be extended or enlarged upon in any way which would be prohibited generally in the district involved.
(C) (1) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance codified herein, and upon which actual building construction has been carried on diligently.
(2) ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner.
(3) Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction; provided that, work shall be carried on diligently.
(Prior Code, § 10-13-1) (Ord. 2001-02, passed 10-3-2001)
§ 155.151 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 at the effective date of adoption or amendment of the ordinance codified as this chapter, notwithstanding limitations imposed by other provisions of this chapter.
(B) (1) 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, yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.
(2) Variance of yard requirements shall be obtained only through action of the Board of Adjustment.
(Prior Code, § 10-13-2) (Ord. 2001-02, passed 10-3-2001)
§ 155.152 NON-CONFORMING USES OF LAND OR LAND WITH MINOR STRUCTURES.
Where, at the time of passage of the ordinance codified as this chapter, lawful use of land exists which would not be permitted by the regulations imposed by this chapter, and where such use does not involve a principal structure, the use may be continued so long as it remains otherwise lawful; provided:
(A) No such non-conforming 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 of the ordinance codified as this chapter without approval of the Planning Commission;
(B) No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of the ordinance codified as this chapter;
(C) If any such non-conforming use of land ceases for any reason for a period of 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;
(D) No additional structure not conforming to the requirements of this chapter shall be erected in connection with such non-conforming use of land;
(E) Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter; and/or
(F) Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Prior Code, § 10-13-3) (Ord. 2001-02, passed 10-3-2001) Penalty, see § 155.999