Providence Village City Zoning Code
§ 19
NONCONFORMING USES AND STRUCTURES.
19.1
Intent of Provisions:
1.
Within the districts established by this ordinance or amendments thereto, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before the adoption of this ordinance was made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this ordinance to permit such nonconforming uses to continue, as long as the conditions within this section and other applicable sections are met.
2.
It is further the intent of this ordinance that nonconforming uses shall not be enlarged upon, expanded or extended, and not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.
3.
Nonconforming uses are hereby declared to be incompatible with the permitted uses in the affected districts.
19.2
Nonconforming Status:
Any use, platted lot or structure which does not conform with the regulations of the zoning district in which it is located shall be deemed a nonconforming use or structure when:
1.
The use, platted lot or structure was in existence and lawfully operating prior to the adoption of this ordinance and which has since been in regular and continuous use;
2.
The use, platted lot or structure was in existence and lawfully constructed, located, and operating at the time of any amendment to this ordinance, but by such amendment is placed in a district wherein such use, platted lot or structure is not otherwise permitted and has since been in regular and continuous use; or
3.
The use, platted lot or structure was in existence at the time of annexation into the Town and has since been in regular and continuous use.
19.3
Continuing Lawful Use of Property:
1.
The lawful use of land or lawful existence of structures at the time of passage of this ordinance, although such do not conform to the provisions hereof, may be continued; but if said nonconforming use or structure is discontinued or abandoned, any future use of the premises shall be in conformity with the provisions of this ordinance.
2.
Discontinuance of a nonconforming use shall commence on the actual act or date of discontinuance. Abandonment of a nonconforming structure shall commence on the act or date of abandonment.
3.
When a nonconforming use or structure does not meet the development standards of this ordinance, is discontinued or abandoned for a period of six months, such use shall not be resumed, and proof of such event shall constitute prima facie evidence of an act of abandonment. Any nonconforming use which does not involve a permanent structure and which is moved from the premises shall be considered to have been abandoned.
4.
No nonconforming use may be abandoned, reoccupied with another nonconforming use or increased as of the effective date of this ordinance.
5.
Single-family dwellings constructed on platted lots which may now be nonconforming due to stricter standards shall be deemed in conformance with this ordinance, as long as the use of the lot is allowed in the respective district. Only the lot size, lot depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this ordinance shall be met or the lot shall be considered nonconforming.
6.
Any existing vacant lot platted prior to the adoption of this ordinance which was legally conforming shall be deemed a conforming lot.
7.
Uses which, prior to the effective date of this ordinance, do not provide the required number of off-street parking spaces shall not be considered as nonconforming structures.
19.4
Changing Nonconforming Uses:
1.
Any nonconforming use may be changed to a conforming use, and once such a change is made, the use shall not be changed back to a nonconforming use.
2.
Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use as provided in subsection 5., below.
3.
A nonconforming use may not be changed to another nonconforming use.
19.5
Expansion of a Nonconforming Use or Structure:
An expansion of a nonconforming use or structure is allowed in accordance with the following:
1.
A nonconforming use located within a building may be extended throughout the existing building if:
2.
No nonconforming use within a building may be extended to occupy any land outside the building.
3.
No nonconforming use of land or building shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide off-street loading or off-street parking.
4.
The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than herein required which was an official “lot of record” prior to the adoption of this ordinance may be used for a single-family dwelling.
5.
Buildings or structures which do not conform to the area regulations or development standards in this ordinance but where the uses are deemed conforming may increase the gross floor area by up to ten percent with the approval of the board of adjustment.
19.6
Restoration of Nonconforming Structure:
If a nonconforming structure is destroyed by fire, or elements, it may only be rebuilt to conform to the provisions of this ordinance. In the case of partial destruction of a nonconforming structure not exceeding 50 percent of its reasonable value, reconstruction will be permitted, but the size or function of the nonconforming structure cannot be expanded.
19.7
Completion of Structures:
Nothing herein shall require any change in the plans, construction, or designated use of a building or structure for which a building permit has been issued prior to the effective date of this ordinance, nor shall any building or structure for which a substantially complete application for a building permit was accepted by the Town Building Inspector on or before the effective date of these regulations, provided that the building permit shall comply with all applicable regulations on the date that the application was filed and the building permit is issued within 30 days of the effective date of these regulations, and said building is completed before the building permit expires.
(Ordinance 2014-060-01, sec. 19, adopted 4/14/14; Ordinance 2014-060-01, sec. 19, adopted 3/9/15; Ordinance 2014-060-02, sec. 19, adopted 12/15/15; Ordinance 2014-060-03, sec. 19, adopted 5/17/16)