Sand Lake City Zoning Code
ARTICLE XII
Nonconforming Uses, Structures and Lots
§ 250-129 Nonconforming uses.
A.
Continuation. Any nonconforming use which existed lawfully at the time of adoption of this chapter may be continued, subject to the following provisions.
B.
Expansion. A nonconforming use shall not be expanded or enlarged beyond 30% of the existing area of the use, or existing structure in which the use is located, which structure or area of use existed prior to adoption of this chapter.
C.
Changes. A nonconforming use shall not be changed to any other nonconforming use; nor shall a nonconforming use be modified unless such modification results in a use of the same or a less nonconforming nature. The determination of whether such modification results in an equal or lesser nonconformity shall be made by the Zoning Board of Appeals.
D.
Relocation. A nonconforming use may be relocated from one structure to another or from one area to another within a parcel if such relocation does not result in the expansion of the use greater than 30%. If such relocation results in development activity as defined in this chapter, such activity shall not be undertaken without prior site plan review unless specifically exempted under Article IX.
E.
Discontinuance. Whenever a nonconforming use has been discontinued for a period of one year, such nonconforming use shall expire and be deemed abandoned, and any subsequent use on the same lot shall conform to the use regulations of the district in which it is located.
F.
Restoration. If any building or structure in which a nonconforming use is conducted is hereafter damaged or destroyed by fire, wind, explosion, structural failure or other natural cause, to the extent of 75% or less of its fair market value at the time of such damage, restoration or reconstruction of such building shall not enlarge the structure more than 30% greater than the dimensions prior to the damage. Such restoration or reconstruction shall be completed within two years of the time of damage.
§ 250-130 Nonconforming lots.
A.
In instances where an existing lot of record on or after the effective date of this chapter is nonconforming relative to lot size and/or lot width, an area variance to waive these dimensional requirements is not required in order for a building permit to be secured. However, any new construction on a nonconforming lot must comply with all applicable required setbacks.
B.
Buildings and structures located on nonconforming lots may be moved, expanded, enlarged or replaced as long as such change complies with all of the required setbacks of the district in which it is located.
§ 250-131 Nonconforming buildings and structures.
A.
Continuation.
(1)
Any nonconforming building or structure which existed lawfully at the time of adoption of this chapter may be maintained.
(2)
Any building or structure, for which a valid building permit was lawfully issued prior to the adoption of this chapter, may be completed and used in accordance with the plans and specifications for such building or structure.
B.
Modification and replacement.
(1)
Modification.
(a)
A nonconforming building or structure shall be maintained in such condition as will not constitute a danger to the health, safety, or general welfare of the public.
(b)
A nonconforming building or structure shall not be added to, enlarged, reconfigured or altered in any manner which increases its nonconformity.
(2)
Replacement.
(a)
A nonconforming building or structure may be replaced or rebuilt, within 24 months after its removal, so long as it is not added to, enlarged, reconfigured or altered in any manner which increases its nonconformity.
(b)
After 24 months, such nonconforming structure may not be rebuilt but must conform to the regulations of the district in which it is located.
(3)
Improvement or substitution of an existing nonconforming manufactured home with a manufactured home of superior construction shall be permitted subject to site plan approval from the Planning Board, and shall comply in all other respects with the regulations set forth herein.
§ 250-132 Documentation of nonconforming status.
A.
Purpose. The Town of Sand Lake acknowledges that amending land use regulations may cause certain uses, structures, and/or lots to become nonconforming. The following process provides a means by which a landowner or business owner may document the nonconforming status of a use, structure, or lot.
B.
Procedure.
(1)
Application for documentation of nonconforming status shall be made to the Code Enforcement Officer and shall include, but not be limited to:
(a)
Submission of a written application on a form provided by the Code Enforcement Officer;
(b)
Payment of the application fee; this fee shall be waived if the applicant submits the application within 18 months of the adoption of this chapter;
(c)
Proof that the use, structure, or lot was established prior to the effective date of this chapter. The applicant may submit to the Code Enforcement Officer pictures, financial evidence, sworn statements or any other documentary evidence.
(2)
The Code Enforcement Officer shall refer the application to the Zoning Board of Appeals with a recommendation stating whether or not the nonconformity was legally established prior to the adoption of this chapter.
(3)
The Zoning Board of Appeals shall make a determination as to the prior legal nonconforming status of the use, structure, or lot. The Zoning Board of Appeals shall make a determination on whether the use, structure, and/or lot is entitled to prior nonconforming status based upon all of the information provided, which may include documentary evidence submitted, site inspections, interviews with the applicant or any other persons, or any other information that can reasonably be considered relevant.
(a)
The Zoning Board of Appeals may hold a public hearing to gather additional information and evidence relevant to the nonconforming status of the uses, structures, and/or lot. If a public hearing is held it shall be held within 45 days of the first meeting of the Zoning Board of Appeals, following the referral from the Code Enforcement Officer.
(b)
The determination of the Zoning Board of Appeals shall be made within 45 days of the referral from the Code Enforcement Officer or within 45 days of the close of the public hearing if a hearing is held, unless said time periods are extended by mutual agreement between the applicant and the Zoning Board of Appeals.
(c)
A copy of the determination of nonconforming status shall be mailed to the applicant and recorded with the Zoning Board of Appeals Clerk and filed in the office of the Code Enforcement Officer.
(4)
A positive determination of nonconforming status by the Zoning Board of Appeals shall create a conclusive presumption of legal nonconforming status.
(5)
Failure to document a nonconforming status of a use, structure or lot in accordance with this process does not create a presumption that a use, structure or lot is not lawfully conforming.
C.
Veracity. The filing or submittal of false information, or information that is patently misleading, with the Code Enforcement Officer or the Zoning Board of Appeals, as it pertains to any material matter before the Zoning Board of Appeals shall be a violation of this chapter.