Shady Shores City Zoning Code
ARTICLE 3
5 NONCONFORMING USES
§ 3.5.001 Nonconforming uses.
(a)
Existing Buildings, Structures, And Uses:
Except as hereinafter specified, any use, building, or structure existing at the time of the adoption of the original Zoning Ordinance of the Town may be continued, even though that use, building, or structure may not conform with the provisions of this ordinance for the district in which it is located; provided, however, that this section shall not apply to any use, building, or structure established in violation of any ordinance previously in effect in the city, unless that use, building, or structure now conforms with this ordinance.
(b)
Conditional Uses.
Any use existing on the effective date of Ord. 242A [124] which is listed as a conditional use in the use district where it is located shall remain a nonconforming use until a special use permit [conditional use permit] is obtained as provided in this ordinance.
(c)
Alteration of Nonconforming Uses.
No existing building or premises devoted to a use that is not permitted by this chapter in the use district in which the building or premises is located shall be enlarged or improved, except when required to do so by law or written order, unless the use thereof is changed to a use that is permitted in the district in which the building or premises is located, and except as follows.
(1)
When authorized by the City Council in accordance with the provisions of this chapter, the substitution for a nonconforming use of another nonconforming use, or an extension of a nonconforming use, may be made.
(2)
Whenever a nonconforming use has been changed to a conforming use, that use shall not thereafter be changed to a nonconforming use.
(3)
When authorized by the City Council in accordance with the provisions of this chapter, enlargement or completion of a building devoted to a nonconforming use may be made upon the lot occupied by that building, where that extension is necessary and incidental to the existing use of the building and does not exceed 25% of its area of nonconformity, as measured by the square footage of the building or land area.
(4)
When authorized by the City Council in accordance with the provisions of this chapter, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for that use prior to the date on which that use of the building became nonconforming, if no structural alterations, except those required by law, are made therein.
(d)
Cessation of Use of Building or Land.
For the purposes of the succeeding divisions, a use shall be deemed to have ceased when it has been discontinued for 12 months, whether with the intent to abandon the use, or not.
(e)
Construction Approved Prior to Ordinance.
Nothing herein shall be construed to require any change in the overall plans, construction, or designated use of any development, structure, or part thereof, where official approval and the required building permits were granted before the enactment of this chapter, or any amendment thereto, where construction thereof, conforming with those plans, shall have been started prior to the effective date of this chapter or the amendment, and where that construction shall have been completed in a normal manner within the subsequent 6-month period, with no interruption, except for reasons beyond the builder’s control.
(f)
Repair Of Unsafe Buildings.
Nothing in this chapter shall be construed to prohibit the strengthening or repair of any part of any building or structure declared unsafe by proper authority.
(g)
Damage or Destruction.
(1)
Any nonconforming structure except a dwelling, which is damaged as measured by the cost to repair as more than 50% of the then appraised value for tax purposes above its foundation, by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, shall not be restored or reconstructed and used as it was before that happening. If the structure is damaged less than 50% of its then appraised value for tax purposes, it may be restored, reconstructed, or used as before, provided that the restoration or reconstruction is completed within 12 months of the damaging event.
(2)
Dwellings may be restored or reconstructed provided that the reconstruction or restoration is at least to the same size and quality as the damaged or destroyed dwelling.
(h)
Repairs and Maintenance.
(1)
A nonconforming structure may be repaired and maintained as necessary to keep it in sound condition, but no structural alterations shall be made unless required by law or ordinance or unless authorized by the Council.
(2)
Except as otherwise provided in this chapter, the total structural repairs and alterations that may be made to a nonconforming structure shall not exceed 50% of its appraised value for tax purposes. This restriction on rebuilding does not apply to accessory dwellings or single-family residences.
(i)
Moving of Nonconforming Structure or Building.
No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, or on any other lot, unless every portion of the building or structure is made to conform to all the regulations of the district where relocated.
(j)
Regulation of Nonconforming Uses:
The right to continue a nonconforming use shall be subject to such regulations as to maintenance of the premises and conditions of operation as may, at the discretion of the Town Council be reasonably required for the protection of adjacent property. A nonconforming use, when abandoned or discontinued, shall not be resumed. For the purpose of this Article, abandonment or discontinuance shall be defined as follows:
(1)
When land being used for a nonconforming use shall cease to be used in a bona fide manner for twelve (12) calendar months;
(2)
When a building or structure is designed or arranged for a nonconforming use and shall cease to be used in a bona fide manner as a nonconforming use for a continuous period of twelve (12) consecutive months;
(3)
The Town Council shall have the authority in case of substantial hardship, to extend the above limits not to exceed six (6) months.
(Ordinance 256-5-2013 adopted 5/16/13)