Spencer City Zoning Code
ARTICLE V
Nonconforming Buildings, Structures and Uses
§ 480-45 Statement of purpose. [1]
The purpose of this article is to provide for the regulation of nonconforming buildings, structures and uses, and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses which adversely affect the maintenance, development, use or taxable value of other property in the district in which they are located shall be permitted to continue or shall be discontinued. This chapter establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures and uses which substantially and adversely affect the orderly development and taxable value of other property in the district be discontinued or reduced to conformity as soon as the fair interests of the parties will permit or be permitted to continue with certain restrictions.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 480-46 Existing nonconforming buildings, structures and uses.
Any nonconforming building, structure or use which existed lawfully at the time of the adoption of this chapter and which remains nonconforming and any such building, structure or use which shall become nonconforming upon the adoption of this chapter, or of any subsequent amendments thereto, may be continued, some for specified periods of time, subject to the regulations which follow.
§ 480-47 Continuing of nonconformance.
Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued, subject to the following provisions:
A.
Relocation of building or structure. A building or structure may be moved in whole or in part to any other location on the same or any other lot only after approval therefor shall have been granted by the Zoning Board of Appeals and further provided the following:
(1)
That such building or structure is designed or intended for a use permitted in the district in which it is to be located.
(2)
That such relocated building or structure and its use shall be made to conform to all of the regulations of the district in which it is to be located.
(3)
That such relocated building or structure shall be in harmony with the general character of existing buildings or structures within the immediate neighborhood.
B.
Repairs and alterations.
(1)
Building or structure designed or intended for a nonconforming use. Ordinary repairs and alterations may be made to a nonconforming building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, provided that no structural alterations shall be made in or to such building or structure except those required by law or except to make the building or structure and use thereof conform to the regulations of the district in which it is located. For the purpose of this subsection, "ordinary repairs" shall include normal maintenance of a building or structure, and the replacement of storage tanks where safety of operation of the installation requires such replacement, and other replacements of, or substitutions for, machinery or equipment not involving structural alterations to the buildings or structure, except as hereinabove provided.
(2)
Building or structure designed or intended for a permitted use. Ordinary repairs and alterations, including structural alterations, may be made to a nonconforming building or structure which is nonconforming as to bulk, provided said ordinary repairs and alterations conform to the regulations of the district in which it is located.
C.
Additions and enlargements.
(1)
Building or structure designed or intended for a nonconforming use. A nonconforming building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, shall not be added to or enlarged in any manner unless such additions and enlargements thereto are made to conform to all of the regulations of the district in which it is located, and unless such nonconforming building or structure, including all additions and enlargements thereto, shall conform to the following:
(a)
Applicable regulations concerning the amount of lot area provided per dwelling unit and lodging room, as provided in the applicable district regulations.
(b)
Applicable regulations concerning the amount of usable open space provided per lot, as provided in the applicable district regulations.
(2)
Building or structure designed or intended for a permitted use. A nonconforming building or structure which is nonconforming as to bulk shall not be added to or enlarged in any manner unless such additions and enlargements thereto are made to conform to all of the regulations of the district in which it is located, and unless such nonconforming building or structure, including all additions and enlargements thereto, shall conform to the following:
(a)
Applicable regulations concerning the amount of lot area provided per dwelling unit and lodging room, as provided in the applicable district regulations.
(b)
Applicable regulations concerning the amount of usable open space provided per lot, as provided in the applicable district regulations.
D.
Restoration of damaged building or structure.
(1)
Building or structure designed or intended for a nonconforming use. A building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50% of its full market value shall not be restored unless said building or structure and the use thereof shall conform to all of the regulations of the district in which it is located. In the event such damage or destruction is less than 50% of such full market value, repairs or reconstruction may be made only if such restoration is started within one year from the date of the partial destruction and is diligently prosecuted to completion. A nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation after March 2, 2006, may be restored in accordance with the provisions of § 62.23(7)(hc), Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2)
Building or structure designed or intended for a permitted use. A building or structure, all or substantially all of which is designed or intended for a use which is permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty or act of God may be restored, except as hereinafter provided. A nonconforming use shall not be restored or reestablished in such building or structure which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50% of its full market value.
E.
Expansion of nonconforming use.
(1)
Building or structure designed or intended for a nonconforming use. The nonconforming use of part of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure.
(2)
Building or structure designed or intended for a permitted use. The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure.
(3)
Land. If any nonconforming use of land is discontinued for a continuous period of 12 months, it shall not thereafter be renewed; and any subsequent use of the land shall conform to the regulations of the district in which the land is located.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F.
Elimination of nonconforming use. Any use of land, which becomes a nonconforming use at the effective date of this chapter or which becomes a nonconforming use at any future date shall be discontinued and shall cease not more than three years after the effective date of this chapter or after the date such use becomes a nonconforming use in each of the following instances:
(1)
Where no buildings or structures are employed in connection with such nonconforming use.
(2)
Where the only buildings or structures or other physical improvements employed are accessory or incidental to such nonconforming use.
(3)
Where the improvements which comprise all or substantially all of the improvements employed with such nonconforming use are underground or substantially at ground level.