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Sparta City Zoning Code

NON-CONFORMING USES

AND BUILDINGS

§ 155.165 EXISTING NON-CONFORMING USES AND BUILDINGS.

   (A)   The lawful use of land for storage purposes except for agriculture uses or where the use is an adjunct of any structure, and advertising signs and bulletin boards which do not conform to the provisions of this chapter shall be discontinued within one year from the date of the approval of this chapter and the lawful use of land for storage purposes, except for agriculture uses or where the use is an adjunct of any structure, and signs and bulletin boards which becomes non-conforming by reason of a subsequent change in this chapter shall also be discontinued within one year from the date of the change.
   (B)   (1)   The lawful use of a building or structure existing at the time of the effective date of this chapter may be continued, although the use does not conform to the provisions of this chapter. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or of a more restricted classification.
      (2)   Whenever the non-conforming use has been changed to a more restricted use or to a conforming use, the use shall not thereafter be changed to a less restricted use.
(1994 Code, § 155.145) (Ord. 200, passed 4-28-1969)

§ 155.166 WHEN USE BECOMES NON-CONFORMING THROUGH CHANGES IN ZONING REQUIREMENTS.

   Whenever the lawful use of a building becomes non-conforming through a change in zoning requirements or district boundaries, the use may be continued and, if no structural alterations are made, it may be changed to another non-conforming use of the same or of a more restricted classification. Whenever the non-conforming use has been changed to a more restricted use or to a conforming use, the use shall not thereafter be changed to a less restricted use.
(1994 Code, § 155.146) (Ord. 200, passed 4-28-1969)

§ 155.167 NON-CONFORMING USE OF LAND AS TRAILER COURT.

   The lawful use of land as a trailer court which does not conform to the provisions of this chapter shall not be extended beyond the area actually so used at the date of approval of this chapter and no new parking spaces or berths for additional trailers shall be added thereto.
(1994 Code, § 155.147) (Ord. 200, passed 4-28-1969)

§ 155.168 DISCONTINUED USE OF NON-AGRICULTURAL BUILDING NOT TO BE REESTABLISHED.

   Whenever a non-conforming use of a non-agricultural building or structure, or part thereof, has been discontinued for a period of 12 consecutive months, or for a continuous period of 18 months if the building was originally designed and constructed for a non-residential use, the use shall not after being discontinued or abandoned, be reestablished and the use of the premises thereafter shall be in conformity with the regulations of the district.
(1994 Code, § 155.148) (Ord. 200, passed 4-28-1969)

§ 155.169 WHAT CONSTITUTES ABANDONMENT.

   Where no enclosed building is involved, discontinuance of a non-conforming use for a period of six months shall constitute abandonment.
(1994 Code, § 155.149) (Ord. 200, passed 4-28-1969)

§ 155.170 EXISTING NON-AGRICULTURAL BUILDING OR STRUCTURE.

   Any existing non-agricultural building or structure devoted to a use not permitted in the district in which the building or premises is located, may be enlarged, extended or structurally altered; provided, however, any building containing a residential non-conforming use may be altered in any way to improve livability, but no structural alterations shall be made which would increase the number of dwelling units therein; and, provided further that, any building or structure shall not be extended beyond the contiguous lot area owned by the owner of the building of structure containing the non-conforming use on the effective date of this chapter or subsequent amendment thereto; and, provided further, the building or structure containing the non-conforming use shall meet the setback and yard requirements of the district wherein situated and the off-street parking requirements of a similar conforming use. Any existing building or structure devoted to a use permitted in the district in which the building or structure is situated, but failing to comply with the yard or building setback line requirements of this chapter, may be enlarged, extended, reconstructed or structurally altered in any manner which does not further encroach upon the required open yard space or building setback line which is not complied with.
(1994 Code, § 155.150) (Ord. 200, passed 4-28-1969)

§ 155.171 RESTORATION OF DAMAGED BUILDINGS.

   (A)   Any non-agricultural building or structure containing a non-conforming use, other than a one-family dwelling use, which is damaged by explosion, fire, flood, wind or other Act of God to the extent of 50% or more of its fair market value immediately prior to damage shall not be repaired or reconstructed except in conformity with the provisions of this chapter.
   (B)   In the event that the Building Inspector’s estimate of the extent of damage or fair market value is not acceptable to the applicant for the building permit to repair or reconstruct the building or structure, the applicant may appeal to the Board of Appeals.
(1994 Code, § 155.151) (Ord. 200, passed 4-28-1969)

§ 155.172 NON-AGRICULTURAL BUILDING UNDER CONSTRUCTION.

   (A)   No non-agricultural building or structure designed or intended to be utilized for a non-conforming use shall be constructed or allowed unless substantial construction is underway at the time of the enactment or subsequent amendment of this chapter and is being diligently prosecuted so that the building or structure will be completed within 18 months from the time of the enactment or subsequent amendment of this chapter.
   (B)   All outstanding building permits for construction which do not meet these requirements shall be rendered null and void by the enactment or subsequent amendment of this chapter.
(1994 Code, § 155.152) (Ord. 200, passed 4-28-1969)

§ 155.173 JUNK OR AUTOMOBILE WRECKING YARD.

   No junk or automobile wrecking yard not within an S-1 Floodplain and Drainageway District shall be operated or maintained for more than 36 months after the effective date of this chapter or after a zoning change to a use district within which the use is not permitted except that if within an A-1 Agriculture District or I-1 Light Industrial District, the Board of Appeals may permit for a specified time, the continued use of an area containing junk or automobile wrecking yard; provided that, an eight-foot high solid fence or wall, or a ten-foot wide planting strip of trees and shrubs to provide a dense screen at maturity, enclose the area.
(1994 Code, § 155.153) (Ord. 200, passed 4-28-1969)

§ 155.174 LOTS SMALLER THAN PERMITTED IN USE DISTRICT; CONFORMANCE REQUIRED.

   When adjacent lots of record are in single ownership and fronting on the same street or place, even though the lots are smaller in area and width than permitted in the use district where located, no building or structure shall be erected or structurally altered on the lots, except in conformity with the provisions of this chapter.
(1994 Code, § 155.154) (Ord. 200, passed 4-28-1969)