Stanford City Zoning Code
NONCONFORMING LOTS
STRUCTURES, AND USES
§ 152.015 INTENT.
It is the intent of this chapter to permit nonconforming lots, structures, and/or uses to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, extended, or be used as grounds for adding structures or uses prohibited elsewhere in the same district.
(Prior Code, § 152.015) (Ord. 920.27, passed 10-7-1993)
§ 152.016 NONCONFORMING LOTS OF RECORD.
In any district in which single-family dwellings are permitted, a single-family dwelling and permitted accessory uses, including manufactured and certified mobile homes as permitted in §§ 152.170 through 152.178, may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though the lot fails to meet the requirements for area and width or both that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width or both of the lot shall conform to the regulations for the district in which the lot is located. Variance of yard requirements shall be obtained only through action of the Board of Adjustment.
(Prior Code, § 152.016) (Ord. 920.27, passed 10-7-1993) Penalty, see § 152.999
§ 152.017 NONCONFORMING USES OF LAND AND STRUCTURES.
Where, at the time of passage of this chapter, the lawful use of a building or premises exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise legal with the following limitations.
(A) A nonconforming use shall not be extended, enlarged, or moved to occupy any portion of land or structure except in conformity with this chapter.
(B) A nonconforming use shall not be re-established after discontinuation for a period of one year. Vacating of premises or building or non-operative status shall be evidence of a discontinued use.
(C) A nonconforming structure damaged to an extent greater than 50% of the current replacement value may be repaired and restored only to a structure and use conforming to the provisions of this chapter; provided, however, that a nonconforming residential structure may be rebuilt in the same general yard area if damage is due to fire or natural causes and if rebuilt within 12 months of the date of damage. Manufactured and certified mobile homes are only to be placed on lots in conformance with §§ 152.170 through 152.178. Restoring to a safe condition of any structure declared to be unsafe by any public official shall not be prohibited by this regulation.
(D) All nonconforming uses shall be changed only to a conforming uses; provided, however, that dimensional variances may be granted.
(E) An owner claiming a continuing nonconforming use shall bear the burden of showing that the use was in existence as of the effective date of this chapter and has not been discontinued for a period of one year since the effective date. An owner may register a continuing nonconforming use with the Administrative/Enforcement Officer within 12 months of the adoption of this chapter to establish that the use was in existence as of the effective date of this chapter.
(F) Any lot within the city limits used for agriculture, farming, dairying, and stock raising and not currently zoned A-1 shall be permitted to continue as a nonconforming use of the land; provided that the lot consists of greater than five acres and that no livestock shall be permitted to be located within 100 feet of any Residential District. All lots consisting of less than five acres and being used for livestock purposes shall conform to the requirements of this chapter within 12 months of the date of adoption of this chapter.
(Prior Code, § 152.017) (Ord. 920.27, passed 10-7-1993) Penalty, see § 152.999
§ 152.018 NONCONFORMING STRUCTURES.
(A) Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, the structure may continue so long as it remains otherwise lawful.
(B) Any proposed addition or substantial remodeling of a nonconforming structure may be granted after public hearing as a dimensional variance by the Board of Adjustment. The Board must first determine that the proposed addition or substantial remodeling will not facilitate or expand a nonconforming use before a variance can be granted.
(C) Any existing manufactured or mobile home in any district within the city which does not conform with §§ 152.170 through 152.178 shall be classified as a nonconforming use at the time of passage of this chapter and shall be allowed to remain in the existing location as long as the mobile home is occupied by the present residents. Should the present owner or residents decide to move, the right of maintaining the manufactured or mobile home in a manner not in conformance with §§ 152.170 through 152.178 shall terminate and the owner or renter shall be required to bring the lot and its use into compliance with §§ 152.170 through 152.178 and all other applicable sections of this chapter.
(Prior Code, § 152.018) (Ord. 920.27, passed 10-7-1993) Penalty, see § 152.999
§ 152.019 REPAIR AND MAINTENANCE.
Work may be done on ordinary repair and maintenance, or on repair or replacement of non-load- bearing walls, fixtures, wiring, or plumbing. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition a building or other structure in accordance with the order of an appropriate public agency which declares the building or other structure to be unsafe and orders its restoration to a safe condition.
(Prior Code, § 152.019) (Ord. 920.27, passed 10-7-1993)