Smithfield City Zoning Code
17.16 NONCONFORMING
BUILDINGS AND USES
17.16.010 PURPOSE OF NONCONFORMING USE AND STRUCTURES PROVISIONS
To control and gradually eliminate those uses of land or structures, which although legal at the time of their establishment, do not now conform to the use regulations of the district within which they are situated. Such uses shall be deemed nonconforming uses. Likewise, it is intended to control and gradually eliminate structures which although legal at the time of their erection, do not now conform to the height, bulk and location regulations of the district within which they are situated. Such structures shall be deemed to be nonconforming structures. Any structure or use which was permitted prior to enactment of this title, but which is designated by this title as a conditional use, shall not be considered a nonconforming use, and shall not be subject to the provisions of this chapter.
17.16.020 CONTINUING EXISTING USES
Except as specified in this chapter, any use or structure, lawfully existing at the time of the enactment or subsequent amendment of this title, may be continued, even though such use or structure does not conform with the provisions of this title for the district in which it is located. Except as otherwise provided by law, nothing in this title shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.
17.16.030 CONSTRUCTION APPROVED PRIOR TO ORDINANCE
A structure or part thereof, which does not conform to the regulation of the district on which it is situated, but for which a building permit was issued and construction started prior to the enactment of the ordinance codified in this title, may be completed in accordance with such plans, providing work is prosecuted continuously and without delay. Such structure shall be deemed to be nonconforming and shall be subject to the regulations set forth in this chapter.
17.16.040 NONCONFORMING USES; SUBSTITUTION; EXTENSION; DISCONTINUANCE
A nonconforming use shall not be enlarged, extended, or changed unless the use is changed to a use permitted in the district in which it is located, and a nonconforming structure shall not be reconstructed or structurally altered unless such alteration shall result in removing those conditions of the building which render it nonconforming except as follows:
- Substitution Or Extension:
- When authorized by the planning commission in accordance with this title, a nonconforming use which is determined to be of a more desirable nature may be substituted for another nonconforming use.
- Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
- Buildings and structures which are determined to be nonconforming in respect to setbacks or height may be continued. Additions or structural alterations may be made to the extent that they are required by law.
- Repairs and structural alterations may be made to a nonconforming building provided that the floor space of such building is not increased.
- A nonconforming use may be expanded to include the entire floor area of the existing building in which it is conducted at the time the use became nonconforming.
- A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy, may be restored and the occupancy or use of such building, structure or part thereof, which existed at the time of such damage or destruction, may be continued or resumed, provided that such restoration is started within a period of one year and is diligently prosecuted to completion.
- Cessation Of Use:
- A use shall be deemed to have ceased when it has been discontinued either temporarily or permanently for a period of one year or more, whether or not with the intent to abandon said use.
- If said nonconforming use is discontinued for a continuous period of one year or more, the use shall be considered to be abandoned and any future use of such land shall conform to the provisions of the zone in which it is located.
17.16.050 NONCONFORMING LOTS OF RECORD
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record as of the effective date hereof, notwithstanding limitations imposed by other provisions of this title. This provision shall apply even though such lot may fail to meet the requirements for area, width, and/or frontage, that are generally applicable in the district, provided that yard dimensions of the lot shall conform to the yard regulations for the zone in which such lot is located.
17.16.060 NONCONFORMING ANIMAL RIGHTS
- Where nonconforming animal rights are properly established the following applies:
- Numbers may not be increased except offspring in which case the offspring may stay at the mother's side, until six (6) months of age.
- To maintain a nonconforming land use, animals and/or fowls must accompany lots and/or building for a period of not less than thirty (30) days per calendar year.
- When extraordinary circumstances exist, any of the subsections of this section may be appealed to the administrative appeals hearing officer who shall have the right to grant exceptions.