11.1.1

Non-conforming situations versus violations.

1)

The provisions of this Section shall apply to all non-conforming situations as defined herein. Establishment of any use or development of land after the effective date of this Ordinance or amendment thereto, which does not comply with the regulations contained in this Ordinance or amendment thereto, shall be considered a violation of this Ordinance and not a non-conforming situation.

2)

A non-conforming situation shall not be deemed to have existed on the effective date of this Ordinance or amendment thereto, unless:

a.

At the time of its creation, it was valid;

b.

It was in existence on a continuous basis and to its fullest extent on such date; and

c.

If such non-conforming situation is a use, such use had not been discontinued, as herein defined, on such date.

11.2.1

Authority to continue use. Any non-conforming use of part or all of a structure or any non-conforming use of land, not involving a structure or only involving a structure which is accessory to such use of land, may be continued, so long as otherwise lawful, subject to the following provisions:

1)

Ordinary repair and maintenance:

a.

Normal maintenance and incidental repair or replacement, installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring, or plumbing, may be performed on any structure; provided, however, that this Subsection shall not be deemed to authorize any violation of paragraphs (2) through (5) below, and Subsections 11.2.2, 11.2.3 and 11.2.4 of this Ordinance.

b.

Nothing in this section shall be deemed to prevent the strengthening or restoring of a structure to a safe condition or to comply with health or safety laws, provided such restoration shall be subject to the conditions set forth in this Ordinance.

2)

Remodeling: No structure shall be remodeled unless the use thereof shall thereafter conform to all provisions of this Ordinance. For purposes of this Section, the term "remodel" shall mean to reconstruct or relocate exterior walls, bearing walls or bearing partitions; or to substantially alter the exterior appearance of a building by adding or removing architectural elements, by changing the roof line, or by closing up or relocating door or window openings.

3)

Expansion of use: A non-conforming use of a lot or building shall not be enlarged, expanded, or extended to occupy a greater area of lot or building than was occupied on the effective date of this Ordinance, or amendment thereto, and no additional accessory use, building or structure shall be established thereon.

4)

Enlargement of building or structure: No building or structure that is devoted in whole or in part to a non-conforming use shall be enlarged or added to in any manner, unless such building or structure addition and the entire use thereof (both existing space and the addition) shall thereafter conform to all of the provisions of this Ordinance.

5)

Moving: No structure that is devoted in whole or in part to a non-conforming use shall be moved, in whole or in part, to any other location on the same or any other lot, unless the entire structure and use thereof shall thereafter conform to all of the provisions of this Ordinance after being so moved. No non-conforming use of land shall be moved, in whole or in part, to any other location on the same or any other lot, unless such use shall thereafter conform to all of the provisions of this Ordinance after being so moved.

11.2.2

Change of use. A non-conforming use shall not be changed to any use other than a permitted use in the zoning district in which the property is located. When a non-conforming use has been changed to any permitted use, it shall not thereafter be changed back to a non-conforming use.

11.2.3

Discontinuance of use. When a non-conforming use is discontinued for a period of six (6) months or more, such use shall not thereafter be re-established or resumed, and any subsequent use or occupancy of such land or building shall comply with the provisions of this Ordinance.

11.2.4

Non-conforming accessory uses. No use which is accessory to a principal non-conforming use shall continue after such principal use has been discontinued.

11.2.5

Status of conditional uses.

1)

Any use existing as of the effective date of this Ordinance or amendment thereto that was issued a conditional use permit and continues to be classified as a conditional use under the applicable district regulations of this Ordinance shall not be considered a non-conforming use. Such a use may continue, subject to compliance with the conditions set forth in the conditional use permit.

2)

Any use that was issued a conditional use permit prior to effective date of this Ordinance or amendment thereto but is no longer permitted as a conditional use or as a permitted use upon such effective date, shall be considered a non-conforming use, subject to the provisions of this Section.

3)

Uses existing prior to the effective date of this Ordinance, or amendment thereto, which were not classified as a conditional use, but are so classified upon such effective date, shall be deemed a lawful conforming use. In the event that such existing use is to be altered (other than maintenance and remodeling), expanded, intensified, or otherwise changed, then such use shall be required to obtain a conditional use permit, pursuant to the procedures set forth in Section 8 of this Ordinance.

11.3.1

Non-conforming lots of record.

1)

Any lot of record at the time of adoption of this Ordinance, that does not meet the requirements of this Ordinance for required lot area, may be utilized for any use permitted in the zoning district in which the lot is located, provided all the requirements for such zoning district, except the required lot area, are met on said lot.

2)

Nothing in this Section shall prohibit the combination of a non-conforming lot of record with another adjoining lot, or lots, so as to create a lots that complies with the requirements of this Ordinance. Such lot consolidations may be accomplished under the subdivision procedures specified in Section 6, "Subdivisions" of the City of Sunset Hills Unified Development Ordinance.

11.3.2

Non-conforming structures. Any non-conforming structure may remain as a non-conforming structure, subject to the following provisions:

1)

Enlargement, repair, alterations: Any such structure may be enlarged, maintained, repaired or remodeled; provided, however, that no such enlargement, maintenance, repair or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure, except as may be approved by the Board of Adjustment.

2)

Damage or substandard conditions: Any such structure shall be subject to the provisions of Section 11.4 of this Ordinance.

3)

Moving: No such structure shall be moved, in whole or in part, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the provisions of this Ordinance after being moved.

11.4.1

Damage less than fifty (50) percent of replacement value. Nothing in this Section shall be deemed to prohibit the restoration of any structure and its use where such structure has been damaged, by any means, to an extent less than fifty (50) percent of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any reusable foundation associated with such structure) at the time of damage, as determined by the City Engineer; provided, however, that the restoration of such structure and its use in no way increases any former non-conformity, and provided that restoration of such structure is begun within six months of such damage and diligently prosecuted to completion within two years following such damage.

11.4.2

Damage greater than fifty (50) percent of replacement value. Whenever such structure has been damaged, by any means, to an extent of more than fifty (50) percent of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any reusable foundation associated with such structure) at the time of damage, as determined by the City Engineer, the structure and use thereof shall not be restored except in full conformity with the regulations of this Ordinance.

11.4.3

Substandard conditions. When a structure is determined by the City Engineer, to be in violation of the building code or any applicable health or safety code, and the cost of placing the structure in condition to satisfy the standards under such codes exceeds 50 percent of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any reusable foundation associated with such structure), as determined by the City Engineer, the structure and use thereof shall not be restored except in full conformity with the regulations of this Ordinance.