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Rocky Ridge City Zoning Code

15.12 Nonconforming

Lots, Uses

15.12.01 Intent

Within the zones established by this ordinance or amendments thereto there exists building lots, structures, uses, of land and structures which were lawful before this ordinance was adopted or amended, but which would be prohibited, regulated or restricted under terms of this ordinance. It is the intent of this ordinance to permit these nonconformities to continue until they are removed or abandoned, but not to encourage their survival. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited in the same zone.

Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the zone involved. However, to avoid undue hardship, nothing in this ordinance 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 to this ordinance and which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction 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 work shall be carried on diligently.

HISTORY
Adopted by Ord. 2018-01 on 1/17/2018

15.12.02 Nonconforming Lots Of Record

In any zone, notwithstanding other limitations imposed by this ordinance, structures permitted in said zone may be erected on any single legal building lot of record that does not conform to lot area or lot width requirements of the zone on the effective date of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots of the same ownership. A lot of record that does not meet lot area or lot width requirements must still meet other requirements of the zone.

If two or more lots with continuous frontage in single ownership are of record at the time of adoption or amendment of this ordinance, and if all or part of each lot does not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance. Where lots are larger than required by this ordinance, said lots may be subdivided into smaller lots except no parcel may be divided so as to create a lot smaller in lot width or lot area than required by this ordinance.

HISTORY
Adopted by Ord. 2018-01 on 1/17/2018

15.12.03 Nonconforming Uses Of Land

Where at the time of passage of this ordinance lawful use of land exists which would not be permitted by the regulations imposed by this ordinance the use may be continued so long as it remains otherwise lawful, provided:

  1. No such nonconforming 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 this ordinance.
  2. 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 ordinance.
  3. If any such nonconforming use of land ceases for any reason for a period of more than one (l) year, any subsequent use of such land shall conform to the regulations specified by this ordinance for the zone in which such land is located.
  4. No additional nonconforming structure in connection with the requirements of this ordinance shall be erected in connection with such nonconforming uses of land.

HISTORY
Adopted by Ord. 2018-01 on 1/17/2018

15.12.04 Nonconforming Structures

Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restriction on lot area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

  1. No such nonconforming structure may be altered or enlarged in any way which increases its nonconformity. but any structure or portion thereof may be altered to decrease its nonconformity.
  2. Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to the extent of more than fifty percent (SO%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.
  3. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

HISTORY
Adopted by Ord. 2018-01 on 1/17/2018

15.12.05 Nonconforming Uses Of Structures

Lawful use of a structure, or of structures and premises exist at the effective date of adoption or amendment of this ordinance that would not be allowed in the zone under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful providing that:

  1. No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed, or structurally altered, unless the use is changed to a permitted use.
  2. Any nonconforming use may be extended to any other part of a building designed for such use, but no such use may be extended in any way to occupy land outside the building.
  3. Nonconforming use of buildings, structures, or premises may be changed to another nonconforming use, provided that approval is obtained from the Planning Commission. In determining whether or not to grant approval, the Planning Commission shall determine that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.

    In permitting such use. the Planning Commission may require appropriate conditions or safeguards.

  4. Any structure, or structure and land, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations of the district in which it is located and the nonconforming use may not thereafter be resumed.
  5. Whenever a nonconforming use of a structure or a premises ceases for one (l) year, the structure or premises shall not thereafter be used except in conformity with the regulations of the zone in which it is located. The term "ceases" as used in this subsection shall mean that the activity in question has not been in operation for a period of one (1) year.
  6. Where nonconforming use status applies to both structure and land, the removal or destruction of the structure shall eliminate the nonconforming status of the land.

HISTORY
Adopted by Ord. 2018-01 on 1/17/2018

2018-01