Preston City Zoning Code
ARTICLE VII
Nonconformities
§ 210-34 Intent.
A.
Within the districts established by this chapter and later amendments hereto, there exist lots, structures and signs, uses of land, and uses of structures or structures and premises in combination which were lawful before this chapter was passed or amended, but which would be prohibited or restricted under the terms of this chapter or future amendments thereof. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be significantly enlarged upon, expanded or extended, nor be used as grounds for adding other structures, or uses prohibited elsewhere in the same district. Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved.
B.
A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
C.
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 this chapter and upon which actual building construction has been carried on diligently. "Actual construction" is hereby defined to include the placing of materials in permanent position and fastened in a permanent manner. 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 the work is carried on diligently.
§ 210-35 Nonconforming 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 this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. 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. Variance of yard requirements shall be obtained only through action of the Board of Zoning Appeals.
B.
If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and the area, the land involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.
§ 210-36 Nonconforming structures and signs.
Where a lawful structure or sign exists at the effective date of adoption or amendment of this chapter that could not be built under the provisions of this chapter, such structure or sign may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.
No such structure may be enlarged more than 25% of its existing gross floor area at the effective date of this chapter or amendment hereto. No such sign may be enlarged or altered in such a way as to increase its nonconformity, but any structure or sign or portion thereof may be altered to decrease its nonconformity.
B.
Should such structure or sign be damaged or destroyed by any means to an extent or more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed or restored except in conformance with the provisions of this chapter.
C.
Should such structure or sign 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.
D.
All currently existing signs will be grandfathered in for a period of five years from the date this zoning change goes into effect. At the end of this five-year period, a sign conforming to the revised sign ordinance[1] must be submitted to the Planning and Zoning Commission for review or a request for a special exception to retain the existing sign must be submitted to the Planning Commission for review.
§ 210-37 Nonconforming uses of land or land with minor structures only.
Where at the time of passage of this chapter lawful use of land exists which would not be permitted by the regulations imposed by this chapter, and where such use involves no individual structure with a gross floor area of greater than 100 square feet, the use may be continued so long as it remains otherwise lawful, provided:
A.
Such nonconforming use shall not 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 this chapter.
B.
No such nonconforming 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 this chapter.
C.
If any such nonconforming use of land ceases for any reason for a period of more than 30 days, 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 nonconforming use of land.
§ 210-38 Nonconforming uses of structures or of structures and premises in combination.
If lawful use involving individual structures with a gross floor area of greater than 100 square feet, or of structure and premises in 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 lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.
No such structure shall be enlarged, or extended greater than 25% of its gross floor area at the effective date of this chapter or amendment hereto.
B.
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.
C.
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, and the nonconforming use may not thereafter be resumed.
D.
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
E.
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. "Destruction" for the purpose of this subsection is defined as damage to an extent of more than 50% of the replacement cost at the time of destruction.
§ 210-39 Repairs and maintenance.
On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of walls, fixtures, wiring, or plumbing, to an extent not exceeding 10% of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased in excess of 25%. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any 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. Nothing in this chapter 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.
§ 210-40 Uses allowed as special exceptions.
Any use which is permitted as a special exception in a district under the terms of this chapter shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.