Stanley City Zoning Code
ARTICLE VI
General Regulations
§ 215-28 Compliance with use regulations required.
No use or occupancy of any building, structure or land shall hereafter be changed to a different use or occupancy and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located, except as hereinafter provided.
§ 215-29 Compliance with area regulations required; exceptions.
No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have a narrower or smaller rear yard, front yard, side yard or other open spaces than are herein provided, or in any other manner contrary to the provisions of this chapter, except as hereinafter provided:
A.
Corner lots. Building setback lines for a corner lot shall be the same as required for front yards along both street rights-of-way.
B.
Front yard requirement modifications.
(1)
Where a lot has frontage upon a road proposed for right-of-way widening, the required front yard depth shall be measured from and parallel to the proposed right-of-way measured at right angles.
(2)
Where a lot has frontage on any road with the street line at less than 20 feet measured at right angles from the center line, the required front yard depth shall be measured from a line parallel to and at that distance from the center line.
C.
Irregularly shaped lots. In the case of irregularly shaped lots on cul-de-sac or curved street sections, the minimum lot width specified in the schedule shall be measured at the building setback, provided that in no case shall a distance between side lot lines be reduced to less than 75% of the minimum lot width requirement at the street line.
D.
Overlapping required space. No part of a yard or other open space or off-street parking or loading space required about or in connection with any buildings for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
E.
Yard reduction. No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements as established by the chapter.
F.
Uniformity. Within each district, the regulations set by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
G.
Public street frontage. Every principal building shall be built upon a lot having sufficient frontage on a public street or private right-of-way.
H.
Height exceptions. All buildings and structures shall be subject to height limitations specified in the Schedule of Dimensional Regulations except spires, belfries, silos, domes, cupolas, scenery lofts, masts, flagpoles, chimneys, flues, ventilators, elevator penthouses, water tanks, towers, antennas, skylights, bulkheads and similar decorative features and necessary mechanical appurtenances usually elevated above roof level, provided that the following requirements are met:
(1)
The total horizontal area covered by such features shall not exceed 20% of the area covered by the principal building. Agriculture buildings shall not be subject to the horizontal area limitation.
(2)
The excess height of any structure shall not be greater than the shortest distance from such structure to any required yard, nor shall the total height exceed twice the building height limitation in the district in which it is located.
I.
Projections. Building projections, including bays, chimneys, cornices and gutters, may extend into required yard areas for a distance not to exceed five feet but shall not be located within 10 feet of any property line.
§ 215-30 Nonconforming uses.
A.
Continuation.
(1)
If at the time of enactment of this chapter, any legal activity is being pursued or any lot or structure is being legally utilized in a manner or for a purpose which does not conform to the provisions of this chapter, such manner of use or purpose may be continued as herein provided.
(2)
If any change in title of possession or renewal of a lease of any such lot or structure occurs, the use existing may be continued. If any nonconforming use (structure or activity) is discontinued for a period exceeding two years after the enactment of this chapter, it shall be deemed abandoned and any subsequent use shall conform to the requirements of this chapter.
B.
Permits. The construction or use of a nonconforming building or land area for which a permit was issued legally prior to the adoption of this chapter may proceed, provided that such building is completed within one year or such use of land established within 30 days after the effective date of this chapter.
C.
Repairs and maintenance. Nonconforming uses and structures may be repaired and maintained, and unsafe structures may be made safe.
D.
Changes in district boundaries. Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this article.
E.
Nonconforming lots of record. In any district, permitted structures may be erected and/or enlarged on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and the requirements other than those applying to area or width, or both, shall conform to the regulations for the district in which such lot is located. Variance of yard or other requirements shall be obtained only through action of the Board of Zoning Appeals as provided by law.
F.
Nonconforming use of land. Lawful uses of land which at the effective date of this chapter or as a result of subsequent amendments thereto become nonconforming may be continued by the present or any subsequent owner so long as they remain otherwise lawful, subject to the following provisions:
(1)
Extension. No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was used at the effective date of adoption of this chapter.
(2)
Changes of use. Such nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use.
(3)
Additional structures or buildings. No additional structures or buildings not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.
G.
Nonconforming structures or buildings. Structures or buildings which at the effective date of this chapter or subsequent amendments thereto become nonconforming by reason of restrictions on area, lot coverage, height, yards, their location on the lot or other requirements concerning the building or structure may be continued to be used so long as such structure or building remains otherwise lawful, subject to the following provisions:
(1)
Enlargement. No such nonconforming structure or building may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(2)
Damage or destruction. A nonconforming structure or building which is destroyed or partially destroyed by any means to an extent of 80% or more of the market value thereof immediately prior to such damage or destruction shall not be repaired or restored to a nonconforming status if adequate lot size exists, but shall be reconstructed and used only in conformity with the provisions of this chapter. If adequate lot size does not exist to allow for required yard areas, such structure or building shall be allowed to be reconstructed to its former dimensions as previously located.
(3)
Moving of structure or building. No nonconforming structure or building shall be, for any reason, moved for any distance unless it shall thereafter conform to the zoning regulations for the district in which it is located after it is moved.
H.
Nonconforming uses of structures or buildings. Lawful uses of structures or buildings which at the effective date of this chapter as a result of subsequent amendments thereto become nonconforming may be continued by the present or any subsequent owner so long as such use remains otherwise lawful, subject to the following provision:
(1)
Change of use. Such nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use.
I.
Uses under special permit provisions not nonconforming uses. Any use which is permitted as a special permit use in a zoning district under the terms of this chapter shall not be deemed a nonconforming use in such zoning district, but shall, without further action, be considered a conforming use.
J.
Percent of damage. The cost of land or any factors other than the cost of the structure are excluded in the determination of fair market value for the purpose of calculating the percent of damage.