Salisbury City Zoning Code
ARTICLE XIII
Non-Conforming Uses
Section 405.820 Non-Conforming Uses Of Land.
[Ord. No. 388 Art. XII § 1, 8-7-1980]
A.
Where, at the effective date of adoption or amendment of this Chapter, lawful use of land exists that is made no longer permissible under the terms of this Chapter as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
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 Chapter;
2.
No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Chapter;
3.
If any such non-conforming use of land is discontinued for a period greater than one hundred eighty (180) consecutive days for any reason, any subsequent use of such land shall conform to the regulations specified by this Chapter for the district in which such land is located.
4.
A non-conforming use must continue in substantially the same form.
Section 405.830 Non-Conforming Structures.
[Ord. No. 388 Art. XII § 2, 8-7-1980]
A.
Where a lawful structure exists at the effective date of adoption or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
1.
No such structure may be enlarged or altered in a way which increases its non-conformity;
2.
Nothing in this Chapter shall prevent the restoration of a nonconforming building partly destroyed by fire, explosion, act of God, or act of the public enemy, or prevent the continuance of the use of such building or part thereof as such use existed at the time of such destruction of such building or part thereof, or prevent a change of such existing use under the limitations provided herein.
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.
4.
When the use of a lot for the location of a mobile home at the time of passage of this Chapter is discontinued or abandoned for a period greater than one hundred eighty (180) consecutive days, no mobile home shall be replaced there, and the lot shall be used in conformance with the regulations of the district in which it is located.
5.
When the use of a mobile home occupied at the time of passage of this Chapter and not located in a designated mobile home park is discontinued for a period greater than one hundred eighty (180) consecutive days, the mobile home in question shall be removed and the lot on which it was located shall be used in conformance with the regulations of the district in which it is located.
6.
Skirting material that covers any open area under the mobile home and that is firmly fastened to the mobile home is required on any mobile home that replaces a mobile home permissible under the provisions of Section 405.820, Non-Conforming Uses of Land, or Section 405.830, Non-Conforming Structures. Such skirting shall be attached within one hundred eighty (180) consecutive days after the placement of the mobile home.
Section 405.840 Non-Conforming Uses Of Structures.
[Ord. No. 388 Art. XII § 3, 8-7-1980]
A.
If a lawful use of a structure 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.
1.
No existing structure devoted to a use not permitted by this Chapter 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;
2.
Any non-conforming 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, but no such use shall be extended to occupy any land outside such buildings;
3.
If no structural alterations are made, any non-conforming use of a structure or structure and premises may be changed to another non-conforming use, provided that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use and that the proposed non-conforming use is not substantially different from the existing use. Any proposed changes shall be approved by a majority of the members of the Board of Aldermen, present and voting, provided that if any person residing within two hundred fifty (250) feet of the property upon which such use is situated shall make his or her written remonstrance, then the approval for the operation of such a use may be permitted only by a two-thirds (2/3) vote of the members of the Board present and voting.
4.
When a non-conforming use of a structure or structure and premises in combination is discontinued or abandoned for a period greater than one hundred eighty (180) consecutive days, the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located;
5.
Where 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.
Section 405.850 Change Of Property To More Or Less Restrictive Classifications.
[Ord. No. 388 Art. XII § 4, 8-7-1980]
A non-conforming use, if changed to a conforming use or more restricted non-conforming use, may not thereafter be changed back to a less restricted use than that to which it was changed. If any property is hereafter transferred to a more restricted district by change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification by amendment to this Chapter, the provisions of this Chapter relating to the non-conforming use of buildings or premises shall apply to buildings or premises occupied or used at the time of the passage of such amendment.
Section 405.860 Repairs And Maintenance.
[Ord. No. 388 Art. XII § 5, 8-7-1980]
A.
On any building devoted in whole or part to any non-conforming use, work may be done on ordinary repairs, or on a repair or replacement of non-load-bearing walls, fixtures, wiring or plumbing, provided that the cubic content of the building as it existed at the time of passage or amendment of this Chapter shall not be increased.
B.
Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a sale 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.
Section 405.870 Sale Or Transfer Of Land And/Or Buildings.
[Ord. No. 388 Art. XII § 6, 8-7-1980]
The provisions of this Chapter shall not prevent the sale or transfer of any non-conforming land or building. Any non-conforming uses shall be permissible to be continued by the new owner or lessee according to the provisions of this Chapter.