Within the zoning districts established by this title or amendments hereafter adopted, there exist lots, structures, use of land and/or structures which were lawful before this title was passed or amended but which would not conform to regulations and restrictions under the terms of this title or future amendments thereto and which could not be built or used under existing regulations. Such nonconformities may continue to exist, subject to the following.

(Prior code § 150-10)

A.

A "nonconforming lot" is a lot which was legally subdivided and recorded in the county land records prior to adoption or amendment of this title and which, after adoption or amendment of the zoning ordinance, does not comply with the dimensional requirements thereof.

B.

A nonconforming lot may be built upon only in accordance with the regulations set forth for the district in which it is located.

(Prior code § 150-11)

A.

A "nonconforming structure" is a structure lawfully existing at the effective date of adoption or amendment of this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot.

B.

A nonconforming structure may continue so long as it remains lawful and such structures may be maintained to assure compliance with other applicable city codes.

C.

A nonconforming structure shall not be structurally changed or enlarged without approval of the Board of Appeals in accordance with Article II of this section.

D.

A nonconforming structure that is wholly or partially destroyed by fire, act of God or other casualty beyond the control of the owner may be reconstructed within one year afterward, as follows:

1.

More than fifty (50) percent destroyed—all such nonconforming structures may be reconstructed, provided that all provisions of this chapter are met for the zoning district in which the structure is located; or

2.

Less than fifty (50) percent destroyed—may be reconstructed exactly as existed prior to the structure being damaged.

E.

The Board of Appeals may grant an extension to the one year time limitation upon application to the board showing that strict compliance with this one year period will result in either an unwarranted hardship or injustice to the owner, provided that such extension will not be contrary to the public interest.

(Ord. 1599 § 14 (part), 1995; prior code § 150-12)

(Ord. No. 2769, § 1, 2-13-2023)

A.

A "nonconforming use" is a use which legally exists at the effective date of adoption or amendment of this title but that does not comply with the use regulations of the district in which it is located. Such nonconforming use may consist of a nonconforming use of land, a nonconforming use of a structure or a nonconforming use of land and a structure.

B.

A nonconforming use may continue so long as it otherwise remains lawful.

C.

A nonconforming use may not be changed to another nonconforming use, extended or enlarged without approval of the Board of Appeals in accordance with Article II of this chapter.

D.

No building, structure or lot where a nonconforming use has substantially ceased for a continuous period of one year, whether or not fixtures or equipment are removed, shall again be put to a nonconforming use.

E.

The casual, temporary or illegal use of land or structure does not establish the existence of a nonconforming use.

F.

A nonconforming use or structure housing a nonconforming use that is wholly or partially destroyed by fire, act of God or other casualty beyond the control of the owner may be reconstructed within one year afterward, as follows:

1.

More than fifty (50) percent destroyed—all such nonconforming uses or structures may be reconstructed only in conformance with all provisions of this chapter for the zoning districts in which the structure or use is located; or

2.

Less than fifty (50) percent destroyed—may be reconstructed and sued exactly as existed prior to the structure being damaged.

G.

The Board of Appeals may grant an extension to the one year time limitation upon application to the board showing that strict compliance with this one year period will result in either an unwarranted hardship or injustice to the owner, provided that such extension will not be contrary to the public interest.

(Ord. 1599 § 14 (part), 1995; prior code § 150-13)

(Ord. No. 2769, § 1, 2-13-2023)

A.

A single-family dwelling lawfully existing on the effective date of this title but which could no longer be constructed in the district in which it is located because of a restriction of use may be enlarged or altered without permission of the Board of Appeals.

B.

A single-family dwelling lawfully existing on the effective date of this title but nonconforming in setback with the regulations for the district in which it is located may be enlarged in line with the existing nonconforming setback without permission of the Board of Appeals; except, that on a corner lot no enlargement shall be made extending toward the intersecting street corner without permission of the Board of Appeals upon a finding that the enlargement will not be detrimental to the use or further development of the intersecting streets or create a safety hazard to motorists thereon.

(Prior code § 150-14)

(Ord. No. 2769, § 1, 2-13-2023)

Any use legally established as either a permitted use or as a special exception prior to May 23, 1983, or by subsequent amendment, which under the provisions of this title is now permitted as a special exception, shall, without further action, be deemed a conforming use in the district in which the special exception is now allowed.

(Ord. 1599 § 10, 1995: prior code § 150-15)

Although there are uses which do not fit into the desired pattern of a zoning district and become nonconforming, it is the policy of the City of Salisbury to provide for the continuation of certain nonconformities which do not endanger the public health, safety and welfare and to recognize that certain uses, although nonconforming in their location, are needed and useful to the area they serve without great detriment to their surrounding neighbors. To provide for change, alteration or enlargement of these uses, the following criteria are established, and approval by the Board of Appeals is required, after public notice and hearing.

(Prior code § 150-297)

(Ord. No. 2769, § 1, 2-13-2023)

A.

The Board of Appeals may approve change, alteration or enlargement of a nonconforming use or structure after consideration of the following:

1.

The intensity of the existing use relative to the district in which it is located, the scale of the change or enlargement in relation to the intensity of the use and whether it will have serious negative effects on the surrounding area, depreciating property values;

2.

Whether the change, alteration or enlargement is of benefit to or in the best interest of the community or surrounding area, such as providing additional employment or housing for the community or services to a neighborhood;

3.

Existing or possible traffic and parking problems and how they can be reduced or minimized;

4.

Screening, buffering or architectural improvements which may make the use more compatible with the surrounding area;

5.

Whether the change, alteration or enlargement will upgrade or improve the existing nonconforming use, such as change to a less-intensive use, change in operation, structural changes or redesign of the site relative to parking areas, entrances, exits, loading or unloading and traffic flow.

B.

Upon approval of a change, alteration or enlargement of a nonconforming use, the Board of Appeals may impose such conditions or restrictions on the proposal as deemed necessary to reduce or minimize any effect upon other properties in the neighborhood and to secure compliance with the intent of the criteria for approval of such change, alteration or enlargement.

(Prior code § 150-298)

(Ord. No. 2769, § 1, 2-13-2023)

A.

Purpose. To assist in the reduction of vacant properties and provide for increased available housing within the City of Salisbury.

B.

Definitions.

1.

"Applicant" means the owner of a property who submits an application to participate in the Nonconforming Use Zoning Exemption Program.

2.

"Program" means the Nonconforming Use Zoning Exemption Program identified in this chapter.

3.

"Property" means a residential property subject to the Nonconforming Use Zoning Exemption Program.

C.

Criteria for approval—Conditions.

1.

The Property must have lost its nonconforming use within sixty (60) months prior to submitting an application under the Program; or

2.

The Property must be vacant and the Property's nonconforming use must have substantially ceased for a continuous period of one year.

D.

Application Requirements.

1.

All applications to participate in the Program must be submitted on or before November 30, 2022.

2.

Applicant shall be in good standing with the City of Salisbury. "Good standing" shall be defined as:

a.

Applicant shall not owe delinquent taxes to the City of Salisbury.

b.

Applicant shall not have outstanding code violations on any property owned by Applicant within the City of Salisbury.

c.

Applicant shall not own a condemned property within the City of Salisbury, unless Applicant has an approved rehabilitation plan for the condemned property.

3.

Applicant shall submit an application and rehabilitation plan for approval by the Housing and Community Development and Infrastructure and Development Departments. The rehabilitation plan shall include architectural renderings of the exterior and interior of the Property, and shall certify that the Property contains off-street and/or on-street parking of at least one space per unit.

4.

Applicant shall agree to adhere to Federal/State/Local Fair Housing Guidelines/Practices.

5.

Applicant shall obtain all permits required to execute the rehabilitation plan and shall comply with all applicable building codes.

E.

Program Requirements.

1.

Within twelve (12) months from application approval by the Housing and Community Development and Infrastructure and Development Departments, the Applicant shall:

a.

Complete all terms and conditions of Applicant's rehabilitation plan;

b.

Obtain a Certificate of Occupancy; and

c.

The Property must be inspected by the Housing and Community Development Department.

2.

The Property must be made available for rent within twelve (12) months following application approval by the Housing and Community Development and Infrastructure and Development Departments.

3.

The Property shall be subject to a three-year probationary period. During the probationary period, the following additional conditions and requirements apply:

a.

All units within the Property shall be subject to yearly inspection by the Housing and Community Development Department;

b.

The Property owner shall maintain Code and Standards of Livability requirements;

c.

There shall be no more than three code violations per Property, per year; and

d.

There shall be no more than three calls for service per unit located on the Property, per year.

4.

No Property shall be vacant for more than a twelve-month period following the completion of rehabilitation plan.

F.

Costs.

1.

There shall be a five hundred dollar ($500.00) non-refundable application fee per Property.

2.

During the three-year probationary period, Applicant shall pay the following licensing costs:

a.

Two hundred forty dollars ($240.00) per landlord license, per year.

b.

Two hundred forty dollars ($240.00) per rental unit, per year.

3.

At the end of the three-year probationary period, all costs shall return to those then in effect.

G.

Violations.

1.

Failure to complete the probationary period shall result in the Property's loss of its legal nonconforming use status pursuant to the Program.

2.

Violation of any Program Requirement shall result in the Property's loss of its legal nonconforming use status pursuant to the Program.

H.

Appeals. The denial of any application under this chapter may be appealed to the Board of Appeals. The appeal shall be filed in writing within twenty-one (21) days of the date of the final decision or denial to the Applicant, state clearly the grounds on which the appeal is based, and be processed in the manner prescribed for hearing administrative appeals under Board of Appeals rules of procedure.

(Ord. No. 2690, § 1, 10-25-2021; Ord. No. 2769, § 1, 2-13-2023)