60.1 INTENT. Within the districts established by this Ordinance or amendments that may later be adopted, these existing lots, structures, uses of land and structures, and characteristics of use which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendment. It is the intent of this Ordinance to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance that all non-conformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

Non-conforming uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. A non-conforming use of a structure, a non-conforming use of land or a non-conforming use of structure and land in combination shall not be extended or enlarged after passage of this Ordinance which includes 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.

To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, constructions, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building 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.

60.2 NON-CONFORMING LOTS OF RECORDS. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory building may be erected on a single lot of record at the effective date of adoption or amendment of this Ordinance, notwithstanding limitations imposed by other provisions of this Ordinance. 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 these applying to area, or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area, or width or both, of the lot shall conform to the regulations for the district in which such lot is located. Under no circumstances shall such yards be less than five (5) feet in accordance with Section 70.0 of this Ordinance. Variance of yard requirements shall be obtained only through action of the Board of Adjustment and Appeals.

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 Ordinance, and if all or part of the lots do not meet the requirement established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this Ordinance, 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 Ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this Ordinance The provisions of this section shall be subject to variance only after public hearing by the Planning Commission and approved by the Mayor and Council.

60.3 NON-CONFORMING USES OF LAND (Or Land with Minor Structures Only).

• 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;

• Temporary placement of Class A or Class B Manufactured Homes for business occupancy for a period not to exceed twelve (12) months subject to such additional conditions as the Zoning Board of Adjustment may determine are necessary to protect the public interest.

60.3.1 No such non-conforming 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.

60.3.2 No such non-conforming 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.

60.3.3 If any such non-conforming use of land cases or is discontinued, or abandoned for any reason for a period of more than sixty (60) days, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located.

60.3.4 No additional structures not conforming to the requirements of this Ordinance shall be erected in connection with such non-conforming use of land.

60.4 CONVERSION OF STRUCTURES NOT PERMITTED. No structure shall be converted to a use prohibited within the district in which it is located. The City Clerk is hereby prohibited from issuing a privilege license for the operation of such converted use. It shall be unlawful for any city utilities including water, gas, and sewerage to be connected or such service to be continued to any land or building used in violation of this Ordinance.

60.5 NON-CONFORMING 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 restrictions on 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:

60.5.1 No such non-conforming structure may be enlarged or altered in any way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

60.5.2 Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at time of destruction it shall not be reconstructed except in conformity with the provisions of this Ordinance.

60.5.3 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.

60.6 NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION. In lawful use involving individual structures or of structures or of structure and premises in combination, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

60.6.1 No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

60.6.2 Any non-conforming use may be extended throughout any parts of a building which are manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building.

60.6.3 If no structural alterations are made, any non-conforming use of a structure, or structures and premises, may be permitted as a special exception to the Mayor and Council. The Council may require appropriate conditions and safeguards in accordance with the provisions of this Ordinance.

60.6.4 Any structure, or structure and land in combination, in which a non-conforming use is superceded by a permitted use, shall thereafter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed.

60.6.5 When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for sixty (60) days 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.

60.6.6 Where a non-conforming use status applies to a structure and premises in combination, removal, or destruction of the structure shall eliminate the non-conforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty percent (50%) of the replacement cost at the time of the destruction.

60.7 REPAIRS AND MAINTENANCE. On any non-conforming structure or portion of a structure containing a non-conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing provided that the cubic content existing when it became non-conforming shall not be increased.

If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared unsafe or unlawful by reason of physical condition by any duly authorized official, 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 Ordinance shall be deemed to prevent the strengthening or restoring to 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.

60.8 NON-CONFORMING USE OF LAND FOR MANUFACTURED HOMES, MODULAR HOMES AND PLANNED MANUFACTURED HOME COMMUNITIES. Non-conforming uses of land in the City of Russellville for placement or maintenance of Manufactured Homes (formerly referred to as mobile homes or trailers), Modular Homes, or for Planned Manufactured Home Communities (formerly referred to as Mobile Home or Trailer Parks), and non-conforming subdivisions approved for location of manufactured housing that were lawful as of the date of adoption of this section of the City of Russellville's zoning ordinance (adopted August 18, 2003), shall be allowed subject to the provisions of Article VI of the Zoning Ordinance pertaining to Non-Conforming Use. Specifically, this Ordinance shall not affect the rights of owners of lots in Deer Run Subdivision to construct or place any home, Manufactured Home or Modular Home in that subdivision under the approval granted by the Planning Commission of the City prior to the adoption of this Ordinance provided that said homes have a roof pitch of at least 3:12 nominal, are aesthetically compatible with other homes in Deer Run Subdivision and otherwise meet the definition of a Class A Manufactured Home or Modular Home contained in this Ordinance.

The governing body recognizes that some non-conforming uses of land may exist in the City of Russellville for placement or maintenance of Manufactured Homes (formerly referred to as mobile homes or trailers), Modular Homes, or for Planned Manufactured Home Communities (formerly referred to as Mobile Home or Trailer Parks) for which no variance has been granted by the City of Russellville. Such uses were non-conforming uses of land not permitted by the Zoning Ordinance of the City of Russellville prior to the date of this section. To avoid undue hardship, all such uses are granted amnesty as of the date of the adoption of this section to the Zoning Ordinance dated August 18, 2003. All such uses shall be treated as lawful non-conforming uses under Article VI of the Zoning Ordinance on and after August 18, 2003.

(Ord. No. 2004-114, § 9, 11-15-2004)

In each zoning district each structure shall be provided with off-street vehicle storage and parking facilities in accordance with the following:

61.1 RESIDENTIAL. In all cases of new structures, converted structures, or structures which are increased in capacity, facilities for the storage of passenger vehicles for the use of the occupants of the dwelling units erected, altered or increased in capacity, shall be provided and maintained on the premises as follows:

a.

RESIDENCES. In R-1, R-2, R-3, and MH-1 Districts two (2) parking spaces for each dwelling unit.

b.

APARTMENTS. Two (2) parking spaces for each dwelling unit.

61.2 NON-RESIDENTIAL. In all cases of new structures or converted structures which are increased in capacity, facilities for the storage of vehicles for the use of the occupants, employees, and patrons of buildings hereafter erected, altered or increased in capacity, shall be provided and maintained on the premises in accordance with the requirements of each type of use as follows:

a.

SCHOOLS. One (1) parking space for each four (4) seats in the main assembly room plus one (1) space for each classroom.

b.

CHURCHES, COMMUNITY BUILDINGS, AUDITORIUMS, AND PLACES OF PUBLIC ASSEMBLY. One (1) parking space for each four (4) seats in the main assembly area (based on an eighteen (18) inch seat width), or in the case of general purpose rooms without fixed seats, there shall be one (1) parking space for each thirty-five (35) square feet of floor area.

c.

HOTELS. One (1) parking space for each guest room.

d.

MOTELS, TOURIST COURTS, TOURIST HOUSE, BOARDING HOUSE, ROOMING HOUSE. One (1) parking space for each room or unit offered for rent plus one (1) additional parking space for each three (3) employees.

e.

CLINICS OR PROFESSIONAL OFFICES. One (1) parking space for each professional plus one (1) parking space for each two (2) seats in the reception room, or one (1) parking space for each twenty-five (25) square feet of floor space in such an area, whichever is the greater.

f.

RESTAURANT OR OTHER EATING PLACE. One (1) parking space for each three (3) seats plus one (1) space for each two (2) seats in the reception room, or one (1) parking space for each fifty (50) square feet of floor space in such area, whichever is the greater.

g.

OFFICE AND OFFICE BUILDINGS. One (1) parking space for each two hundred (200) square feet of floor area.

h.

BOWLING ALLEYS. Five (5) parking spaces for each alley.

i.

INDUSTRIAL USE. One (1) parking space for each one and one-half (1½) employees.

j.

PLANNED MANUFACTURED HOME COMMUNITIES. Two (2) parking spaces for each Manufactured Home or Modular Home.

k.

PLANNED SHOPPING CENTER. Area devoted to parking and access shall not be less than three (3) times the floor area proposed; and with this parking area there shall be a minimum of eight (8) parking spaces per one thousand (1,000) square feet of floor area.

l.

HOSPITALS, SANATARIUM, OR NURSING HOME. One (1) parking space for each six (6) beds plus one (1) space for each staff or visiting doctor plus one (1) space for each four (4) employees.

m.

PRIVATE CLUB OR LODGE. One (1) parking space for each seven (7) members.

n.

FOOD STORES AND MARKETS. One (1) parking space for each two hundred (200) square feet of floor area.

o.

WHOLESALE USES AND STORAGE BUILDINGS, WAREHOUSES, LUMBER OR RULES BUSINESS, TRUCK TERMINALS AND SIMILAR USES. One (1) parking space for each one and one-half (1½) employees.

p.

ANY USE NOT OTHERWISE SPECIFIED. One (1) parking space for each one hundred eighty (180) square feet of floor space.

q.

Whenever two (2) or more uses shall be made of the same property, the parking requirements for each shall apply.

r.

Whenever a structure or use may qualify under two (2) or more classifications, the one with the larger requirements shall govern.

61.3 MEASUREMENT OF AREA. For the purpose of this section, "Floor Area" shall mean the gross floor area of all floors of a building or an addition to an existing building. The total parking area includes access drives within the actual parking area.

61.4 EXISTING PARKING. Any building which meets the parking requirements of this Ordinance of the effective date hereof or at any subsequent time, shall continue to comply fully with all requirements thereof. Any existing building which partially meets the requirements of this Ordinance on the effective date thereof or at any subsequent time shall thereafter continue to comply as nearly with these requirements as the highest degree of compliance reached.

61.5 GENERAL. No off-street parking required for a building or structure shall during its life be occupied by or counted as off-street parking for another building or structure but may be counted as yard space. One parking facility may serve several different buildings, but in no case should the combined parking space be less than the total of the individual facility parking requirements.

61.6 PARKING SPACE. An off-street space, enclosed or unenclosed, containing not less than two hundred (200) square feet (10 × 20) of area exclusively of driveways appurtenant thereto, permanently reserved for the temporary storage of one motor vehicle and connected without obstruction to a street or alley shall be counted as off-street parking area or space.

61.7 DESIGN. No parking space shall be so designed as to require the vehicle parked therein to back onto a public street, with the exception of single and two-family residences.

All parking areas shall be surfaced according to city specifications.

In-each business and industrial district each structure hereafter erected or altered shall be provided with off-street loading and unloading facilities as specified in the district schedule.

In any district requiring a front yard setback no fence, wall, shrubbery, sign, marquee, or other obstruction to vision between the heights of two and one-half (2½) feet and ten (10) feet above street level shall be permitted within twenty (20) feet of the intersection of the right-of-way lines of two (2) streets or railroads or of a street and a railroad right-of-way line.

Accessory structures within, twenty-five (25) feet of the rear lot line of a corner lot shall be set back the minimum front yard depth required on the side street.

On any lot which, at the time of adoption of this Ordinance or at the time this Ordinance is changed by amendment hereafter, may be reduced in area by widening a public street to a future street line as indicated on the duly adopted "Major Street Plan," or as same may be hereafter amended, the minimum required yards, the minimum required lot area, the minimum required lot width, and the maximum building area shall be measured by considering the future street lines as the lot line of such lot.

The Board of Adjustment may require the conduct of any use, conforming or non-conforming, which results in unreasonable noise, smoke, gas, vibration, fumes, dust, fire, or explosion hazard to health, comfort, and convenience. The Board of Adjustment may direct the Municipal Building Inspector to issue an abatement order, but such order may be directed only after a public hearing by the said Board, notice of which shall be sent by registered mail to the owners and/or operators of the property on which the use is conducted in addition to due notice of advertisement in a newspaper of general circulation. A hearing to consider issuance of an abatement order shall be held by the Board of Adjustment either upon petition signed by any person affected by the hazard or nuisance or upon the initiative of the Board. An abatement order shall be directed by the Board of Adjustment only upon reasonable evidence of hazard or nuisance shall be abated.