Every building or use hereafter erected or established shall be located on a zoning lot; and every one, two, and three-family residential structure, except as herein provided, shall be located on an individual zoning lot.

(1)

Nonconforming lots of record existing prior to or as of March 16, 2010.

(a)

Where the owner of a lot in existence prior to or as of March 16, 2010, does not own sufficient land to enable such lot owner to conform to the dimensional requirements of this ordinance (e.g., lot area, lot width, lot area per dwelling unit), such lot may nonetheless be used as a building site, provided that the owner does not also own a nonconforming adjacent lot(s); provided the nonconforming lot was in existence prior to or as of March 16, 2010; and, provided that said lot meets all other requirements under the Picayune Comprehensive Zoning Ordinance, such as the setback requirements, the height requirements, etc. The owner(s) of two (2) or more adjoining lots, all of which are nonconforming lots of record which have insufficient land dimensions, must first combine said lots together to comply with the dimensional requirements of the ordinances of the City of Picayune in the event the owner(s) shall elect to build on one (1) or both of said nonconforming lots. The owner of two (2) or more adjoining lots, one (1) or more of which are conforming lots shall not be required to first combine said conforming lot(s) with the nonconforming lot(s) to comply with the dimensional requirements of the ordinances of the City of Picayune in the event the owner(s) shall elect to build on the conforming or nonconforming lot(s).

(b)

The phrase "...owner of a lot in existence prior to or as of March 16, 2010..." shall mean a lot that existed of record as defined in article II, definition of terms, section 201.081 of the Picayune Comprehensive Zoning Ordinance but does not meet the definition of "zoning lot" as set forth in article II, definition of terms, section 201.080 of the Picayune Comprehensive Zoning Ordinance.

(2)

Nonconforming lots of record existing after March 16, 2010.

(a)

Where the owner of a lot in existence after March 16, 2010, does not own sufficient land to enable such lot owner to conform to the dimensional requirements of this ordinance, such lot may nonetheless be used as a building site, provided that the owner does not also own an adjacent lot and provided that said lot requirements are not reduced below the minimum specified in this ordinance by more than twenty (20) percent. If, however, the owner of two (2) or more adjoining lots, either or any of which is nonconforming lots of record and having insufficient land dimensions, decides to build on either of these lots, he must first combine said lots to comply with the dimensional requirements of the ordinance. Dimensional waivers or variances below the initial twenty (20) percent as set forth above shall not be allowed.

(b)

The phrase "...owner of a lot in existence after March 16, 2010..." shall mean a lot that existed of record as defined in article II, definition of terms, section 201.081 of the Picayune Comprehensive Zoning Ordinance but does not meet the definition of "zoning lot" as set forth in article II, definition of terms, section 201.080 of the Picayune Comprehensive Zoning Ordinance.

(3)

Prohibition against creation of nonconforming lots.

(a)

After March 16, 2010, the owner(s) of one (1) or more lot(s) shall not be permitted to subdivide said lot and/or lots in any manner that would result in the creation of a lot or lots that would not conform to the dimensional requirements of the zoning district(s) in which such lot and/or lots are located. Any nonconforming lot(s) created and/or were in existence prior to or as of March 16, 2010, shall be allowed to be utilized as a building site pursuant section [402.]1(a) of this ordinance regardless of how said lot(s) were created or came into existence.

(Ord. No. 873, § 1, 2-2-2010; Ord. No. 875, § 2, 3-16-2010; Ord. No. 926, § 1, 1-19-2016)

Where buildings or uses legally existing on the effective date of this ordinance are not in conformity with the provisions of this ordinance, it is the intent and purpose of this section to declare such buildings and uses within the City of Picayune to be nonconforming and detrimental to the orderly development of said city and to eliminate such nonconforming uses and buildings as quickly as possible consistent with the rights of the owners and users thereof, for the purpose of protecting the public health, safety, and general welfare.

403.1 Continuing existing uses: Any use, building, or structure, existing at the time of the enactment of this ordinance, which does not conform with the provisions of this ordinance for the zone in which it is located shall be deemed to be a nonconforming use and may be continued except as hereinafter specified, provided, however, that this section does not apply to any use, building, or structure established in violation of the zoning ordinance previously in effect in Picayune, unless such use, building or structure now conforms with this ordinance.

403.2 Repairs, alterations and maintenance: Ordinary nonstructural repairs, alterations or maintenance may be made to a nonconforming structure as required to keep it in sound condition. Alterations or repairs of a structural nature to a nonconforming structure shall not be permitted except such as are required by law or ordinance, provided, however, that structural alterations or repairs may be made to a nonconforming residential structure, which is used for residential uses in a residential zone. Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper city authority.

403.3 Change of use:

(a)

When authorized by the planning commission, in accordance with the provisions of this ordinance, a nonconforming use which is determined by the planning commission to be of the same or a more desirable nature may be substituted for another nonconforming use.

(b)

Once changed to a conforming use no building or use of land shall be permitted to revert to a nonconforming use.

403.4 Abandonment of use:

(a)

Definition: As used herein a use shall be deemed to have been abandoned when it has been discontinued whether temporarily or permanently, whether with the intent to abandon said use or not.

(b)

A nonconforming use of a building which has been abandoned for any reason for a period of six months shall not thereafter be reestablished except in conformity with the provisions of this ordinance.

(c)

A nonconforming use of land which has been abandoned for any reason for a period of 90 days shall not thereafter be reestablished except in conformity with this ordinance.

403.5 Restoration of damaged structures: Any nonconforming building damaged more than 50 percent of its then reasonable replacement value at the time of the damage by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, shall not be restored or reconstructed and used as before such happenings; but if less than 50 percent damaged, it may be restored, reconstructed or used as before, provided that such reconstruction shall be started within six months of such happening and prosecuted to completion within one year of such happening.

For purposes of this section, the percentage of damage shall be calculated by dividing the estimated cost of restoring the structure as nearly as possible to its condition prior to the occurrence, by the estimated market value of the structure (excluding the value of the land) immediately prior to the occurrence.

403.6 Extension of nonconforming use or building:

(a)

A nonconforming use of land or building shall not be enlarged, intensified, or extended in such a way as to displace a conforming use or building.

(b)

A nonconforming use of land or building may not be extended to occupy additional land area not utilized for such nonconforming use or buildings as of the date of enactment of this ordinance.

(c)

A nonconforming building which contains a conforming use may be enlarged provided that:

(1)

The portion which is being added conforms with all setback requirements for the district in which it is located.

(2)

The entire building and land use shall conform to the parking, landscaping and outdoor storage requirements for the district in which it is located.

403.7 Construction approved prior to ordinance: Nothing herein contained shall require any change in plans, construction, or designated use of a building for which a building permit has been heretofore issued, and the construction of which shall have been diligently prosecuted within three months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of this ordinance. Such building shall be deemed to be a nonconforming use and shall thereafter be subject to the regulations set forth herein.

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.