Palmview City Zoning Code
NON-CONFORMANCES
§ 156.120 NON-CONFORMING USES.
The general public, the City Council and the Planning and Zoning Commission are directed to take note that non-conformities in the use and development of land and buildings are to be avoided, or eliminated where now existing wherever and whenever possible, and should not be given permits to solidify or enhance their non-conforming status, except when necessary to preserve property rights established prior to the date these regulations become effective as to the subject property and when necessary to promote the general welfare and to protect the character of the surrounding properties.
(Ord. 2016-07, passed 8-9-2016)
§ 156.121 NON-CONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, height, yard setbacks, its location on the lot or any other requirements concerning the structure, such structure may be continued as 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 structural non-conformity, but any structure or portion thereof may be altered to decrease its structural non-conformity.
(B) Should such non-conforming structure or non-conforming portions of structure be damaged by any means to an extent of more than 50% of its replacement costs at the time of damage and/or (partial) destruction, it shall not be reconstructed, rebuilt or refurbished, except in accordance with the provision of § 156.137 of this chapter.
(C) Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to all the zoning regulations of the district in which it is located after it is moved including, but not limited to, usage, off-street parking needs and the like.
(Ord. 2016-07, passed 8-9-2016)
§ 156.122 NON-CONFORMING USES OF STRUCTURES OR PREMISES.
If a permitted use involving individual structures with a replacement cost of $1,000 or more, or of structure and land combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the use may be continued as long as it remains otherwise lawful, subject to the following provisions.
(A) 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.
(B) The use of the structure shall only be changed to a use permitted in the district in which it is located.
(C) Any 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 and land outside such building.
(D) When a non-conforming structure and land combination, in which a non-conforming use is converted to a permitted use or is discontinued or abandoned for 180 consecutive calendar days, the structure or structure and land combination, shall not thereafter be used, except in conformity with the regulations of the district in which it is located.
(E) Any use existing on the effective date of this chapter which is listed as a conditional use in the district where it is located shall be and shall remain a non-conforming use until a conditional use permit is obtained as provided for in this chapter if such use is discontinued or abandoned for 180 consecutive calendar days the structure and shall not thereafter be used, except in conformity with the regulations of the district in which it is located.
(F) (1) Where non-conforming use status applies to a structure or a structure and land combination, removal or destruction of the structure shall eliminate the non-conforming use status.
(2) DESTRUCTION, for the purpose of this division (F), is defined as damage to an extent or more than 50% of the replacement cost at the time of destruction.
(Ord. 2016-07, passed 8-9-2016)
§ 156.123 REPAIRS AND MAINTENANCE.
(A) On any non-conforming structure or portion of a structure containing a non-conforming use, no work nay be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-loading walls, fixture, wiring or plumbing to an extent exceeding 10% of the current replacement cost of the non-conforming structure or non-conforming portion of the structure, as the case may be.
(B) If 50% or more of a non-conforming structure containing a conforming use becomes physically unsafe or unlawful due lack of repairs or maintenance, and is declared by a duly authorized official to be 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. 2016-07, passed 8-9-2016)