Sioux Falls City Zoning Code
NONCONFORMING USES
AND BUILDINGS
§ 160.460 PURPOSE AND INTENT.
The purpose of this subchapter is to provide for the regulation of nonconforming uses, buildings, and structures and to specify those circumstances under which they shall be permitted to continue.
(1992 Code, App. B, § 15.47.010) (Ord. 42-83, passed 6-27-1983; Ord. 70-89, passed 7-31-1989; Ord. 9-13, passed 3-19-2013)
§ 160.461 CONTINUATION OF NONCONFORMING USES.
Subject to the provisions of this subchapter, the lawful use of a premises existing immediately prior to the effective date of this chapter may be continued although the use does not conform to the provisions hereof.
(1992 Code, App. B, § 15.47.020) (Ord. 42-83, passed 6-27-1983; Ord. 70-89, passed 7-31-1989; Ord. 9-13, passed 3-19-2013)
§ 160.462 USE BECOMING NONCONFORMING BY CHANGE IN LAW OR BOUNDARIES.
Whenever the use of a premises becomes a nonconforming use through a change in the zoning ordinance or district boundaries, the use may be continued although the use does not conform to the provisions hereof.
(1992 Code, App. B, § 15.47.030) (Ord. 42-83, passed 6-27-1983; Ord. 70-89, passed 7-31-1989; Ord. 9-13, passed 3-19-2013)
§ 160.463 CHANGE OF NONCONFORMING USE.
(a) If no structural alterations or additions are made, a nonconforming use may be changed to another nonconforming use of the same or a more restrictive classification that:
(1) If the proposed use is a permitted special use, all conditions must be met or a conditional use permit obtained; and
(2) If the proposed use is a conditional use, a conditional use permit must be obtained.
(b) (1) For the purposes of this subchapter, each of the following classifications shall be considered to be “more restrictive” than those it precedes:
CN conservation |
REC recreation |
AG agriculture |
RR rural residential |
RS single-family residential—suburban |
RT-1 single-family residential—traditional |
RCD residential cluster development (PUD) |
MH manufactured housing |
RD-1 twin home/duplex residential—suburban |
RD-2 townhome residential—suburban |
RT-2 townhome residential—traditional |
RA-1 apartment residential—low density |
O office |
C-1 pedestrian-oriented commercial |
RA-2 apartment residential—moderate density |
LW—live/work |
S-1 general institutional |
C-2 general commercial district |
RA-3 apartment residential—high density |
S-2 institutional campus PUD |
C-3 community commercial |
C-4 regional commercial |
I-1 light industrial |
AP airport |
I-2 heavy industrial
|
(2) Whenever a nonconforming use has been changed to a more restrictive use or to a permitted use, the use shall not thereafter be changed to a less restrictive use.
(1992 Code, App. B, § 15.47.040) (Ord. 42-83, passed 6-27-1983; Ord. 70-89, passed 7-31-1989; Ord. 55-91, passed 7-1-1991; Ord. 58-06, passed 5-1-2006; Ord. 9-13, passed 3-19-2013)
§ 160.464 EXTENSION OR ENLARGEMENT.
A nonconforming use shall not be enlarged, extended, converted, reconstructed or structurally altered, unless the use is changed to a use permitted in the district in which the premises is located or unless authorized under the provisions of § 160.614 and § 160.616 (conditional uses) or required to do so by law or order.
(1992 Code, App. B, § 15.47.050) (Ord. 42-83, passed 6-27-1983; Ord. 70-89, passed 7-31-1989; Ord. 9-13, passed 3-19-2013)
§ 160.465 RESTORATION AFTER DAMAGE.
(a) When the use of a building is nonconforming as defined by this chapter and that building is damaged by a fire, explosion, act of God or the public enemy to the extent of more than 60% of its fair market value, it shall not be restored except in conformity with the provisions of the district in which the building is located or in conformance with the provisions of § 160.672. (Exception through the board of adjustment here.)
(b) Exception: Single-family dwellings may be restored if damaged less than 100%.
(1992 Code, App. B, § 15.47.060) (Ord. 42-83, passed 6-27-1983; Ord. 70-89, passed 7-31-1989; Ord. 93-90, passed 10-1-1990; Ord. 9-13, passed 3-19-2013)
§ 160.466 DISCONTINUATION OF NONCONFORMING USES.
In the event that a nonconforming use is discontinued for more than one year, the city council may adopt, after notice by certified mail to the property owners, an amortization schedule to bring about the gradual elimination of the nonconforming use.
(1992 Code, App. B, § 15.47.070) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)
§ 160.467 EFFECT ON USE WHICH IS ILLEGAL UNDER PRIOR LAW.
Nothing in this subchapter shall be interpreted as authorization for, or approval of, the continuance of the use of a premises in violation of zoning regulations in effect immediately prior to the effective date of this chapter.
(1992 Code, App. B, § 15.47.080) (Ord. 42-83, passed 6-27-1983; Ord. 70-89, passed 7-31-1989; Ord. 9-13, passed 3-19-2013)
§ 160.468 CONTINUATION OF NONSTANDARD USES.
(a) Nonstandard uses existing immediately prior to the effective date of this chapter may be continued, although the uses do not conform to the provisions hereof.
(b) Nonstandard buildings or structures may be enlarged or extended, converted, reconstructed or structurally altered as follows:
(1) Enlargements, extensions, conversions or structural alterations may be made as allowed by §§ 160.609 through 160.616 (conditional uses).
(2) Structural alterations of buildings or structures may otherwise be made if the changes do not encroach into an existing front yard, side yard or rear yard which is less than the minimum required yard for the district in which they are located except as allowed by § 160.508 (setback averaging).
(3) Enlargement, extension, conversion of buildings or structures may otherwise be made if the changes comply with the minimum required yards, lot area, height, landscaping, parking and density for the district in which they are located.
(1992 Code, App. B, § 15.47.090) (Ord. 42-83, passed 6-27-1983; Ord. 70-89, passed 7-31-1989; Ord. 9-13, passed 3-19-2013)
