(a)

Permitted nonconforming land uses. Any use of land in violation of current zoning district standards which was lawful prior to enactment of an ordinance prohibiting said use, or was lawful prior to annexation into the City of Siloam Springs, may be continued as a "nonconforming use of land," notwithstanding other provisions of this chapter; provided, however, that every nonconforming use shall otherwise be subject to all limitations provided in this City Code, or provided in any development permit, or provided by any subsequent Ordinance.

(b)

Limited nonconforming land uses. Each nonconforming land use shall not:

(1)

Be changed to any other nonconforming land use; and

(2)

Be increased in nonconformity, including, without limitation, increases in intensity of land use.

(c)

Expired nonconforming land uses. Each nonconforming land use shall be deemed expired after a six consecutive month period of discontinuation or abandonment. The property upon which the expired nonconforming land use was situated immediately shall conform to current zoning district's use unit regulations without any further period of nonconforming use.

(d)

Nonconforming use of land shall not be established by intermittent, temporary, or casual use or occupancy.

(Ord. No. 08-26, § I, 1-6-2009; Ord. No. 17-23, § 29, 9-19-2017)

Editor's note— Ord. No. 17-23, § 29, adopted Sept. 19, 2017, changed the title of § 102-96 from "Nonconforming uses allowed" to read as herein set out.

(a)

It shall be lawful to continue to use a nonconforming structure and lot improvements in the following conditions:

(1)

Maintenance and repair. A nonconforming structure and lot improvement may be maintained and repaired to its existing state;

(2)

Restoration. A nonconforming structure and lot improvement that is damaged or destroyed by fire, or other catastrophic events beyond the control of the owner or occupant may be restored to its former state, prior to said damage, provided such work to repair or replace the structure or lot is commenced within six months of the damage or catastrophic event. Should the work to repair the nonconforming structure not be completed within one year of the building permit issuance, the permit shall be voided and the structure shall not be restored to its former state. No restoration shall increase the degree or extent of the nonconformity, in any respect, beyond that which existed prior to the damage or catastrophic event;

(3)

Expansion or alteration. A nonconforming building or use of a lot may be expanded or altered provided that the expansion or alteration does not increase the degree or extent of the nonconformity, in any respect, beyond that which existed prior to the expansion or alteration and, further, provided the expanded or altered area of the structure or lot are in full compliance with the provisions of this chapter. Once expanded to conformance, no portion of that newly expanded, or altered area, shall revert to a nonconforming condition;

(4)

Abandonment. Any nonconforming structure or lot used for commercial purposes that includes a non-paved parking area over ten spaces and, that has had no commercial use for a period of six consecutive months shall have its unpaved parking and driveways surfaced with paving materials as required by section 102-76 of this chapter prior to any new occupation occurring on said property or within the commercial structure.

(b)

It shall be lawful to continue to use a nonconforming lot in the following conditions:

(1)

The lot was legally platted and was accepted by the city;

(2)

The lot is not replatted in a manner which increases the lot's nonconformity.

(Ord. No. 08-26, § I, 1-6-2009; Ord. No. 17-23, § 30, 9-19-2017)

Editor's note— Ord. No. 17-23, § 30, adopted Sept. 19, 2017, changed the title of § 102-97 from "Nonconforming uses limited" to read as herein set out.

Editor's note— Ord. No. 17-32, § I, adopted Nov. 21, 2017, repealed former § 102-98 which pertained to nonconforming uses expired, and derived from Ord. No. 08-26, § I, adopted Jan. 6, 2009; and Ord. No. 15-24, § I, adopted Nov. 3, 2015.

(a)

Setback:

(1)

Use of a structure that has been "erected in violation" of setback regulations may be commenced and continued as a 'nonconforming use,' and a certificate of occupancy shall not be denied on the basis of the setback error, only where the Administrator finds that:

a.

The owner and builder have shown that they did not have actual notice of the violation prior to performing substantial structural work subsequent to construction of the building's foundation;

b.

The owner has paid to the City a civil penalty fee, in an amount determined as shown below;

c.

The setback violation does not exceed 50 percent of the required setback distance;

d.

The setback violation does not obstruct use of any public easement; and

e.

The structure otherwise conforms to all applicable laws and regulations.

(2)

The civil penalty fee shall be determined as follows:

fee = (a/b)c

Where:

"a" is the fair market value of the property (structure + lot). (Fair market value is the sale price to the highest and best bidder in an arms-length transaction, or shall be established by expert opinion solicited by the City.)

"b" is the total square foot of the structure, both heated and cooled area.

"c" is the encroachment area (square feet) occupied by the structure.

(3)

Upon issuance of a certificate of occupancy in compliance with the above-listed conditions, the Administrator shall, by writing, certify that the structure is a lawful use of land that is subject to the rights and regulations attending nonconforming uses permitted by this chapter, which certification may be filed of record by the owner.

(4)

The use of any structure for which a certificate of occupancy is issued pursuant to this section shall be subject to all "nonconforming use" regulations provided in this chapter, including subsequent amendments.

(5)

Any structure which is sited in violation of setback regulations provided in this Code, for which a certificate of occupancy was inadvertently issued by the City prior to the date of enactment of this ordinance, shall be deemed a lawful use of land that is subject to the rights and regulations attending nonconforming uses that are permitted by this chapter.

(6)

All penalty fees received by the City shall be placed into the general fund of the City.

(7)

Any certificate of occupancy issued pursuant to this section shall be void ab initio, and of no force or effect, upon a final judicial determination that any provision of this section (including, without limitation, the civil penalty prescribed in subsection (1)b. above) is invalid.

(b)

Reserved.

(Ord. No. 08-26, § I, 1-6-2009; Ord. No. 15-24, § I, 11-3-2015)