Sylvan Beach Village
City Zoning Code
City Zoning Code
ARTICLE VIII
Nonconforming Uses and Structures
§ 136-60 Purpose.
This article regulates and limits the continued existence of uses, structures or other improvements established prior to the effective date of this chapter that do not conform to the regulations of this chapter applicable in the zoning districts in which such nonconformities are located.
The zoning districts established by this chapter are designed to guide the future use of the Village's land by encouraging the development of desirable residential and mixed-use areas with appropriate groupings of compatible and related uses and thus to promote and protect the public health, safety and general welfare.
The continued existence of certain nonconformities is frequently inconsistent with the Comprehensive Plan, and thus the gradual elimination of such nonconformities is desirable. Other nonconformities may continue to exist and afford adaptive reuse opportunities that can contribute to neighborhood character, diversity and services.
The regulations of this article are intended to restrict further investments that would make nonconformities more permanent in their location in inappropriate districts or locations as well as to afford opportunities for creative use and reuse of those other nonconformities that contribute to a neighborhood and are consistent with the goals of the Comprehensive Plan.
§ 136-61 Nonconforming uses.
Continuance. Any lawfully existing nonconforming use may be continued so long as it remains otherwise lawful, subject to the regulations contained in this section. Ordinary repair and maintenance or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed.
Structural alteration or enlargement. No structure shall be structurally altered or enlarged unless the use thereof shall thereafter conform to the regulations of the zoning district in which it is located. No parking, yard, space or bulk nonconformity may be created or increased.
Damage or destruction.
When a structure is damaged or destroyed by any means not within the control of the owner, to the extent of more than 50% of the cost of replacement of the structure new, the structure shall not be restored unless its use thereafter conforms to the use regulations of the zoning district in which it is located. No parking, yard, space or bulk nonconformity may be created or increased.
When a structure is damaged or destroyed by any means not within the control of the owner thereof to the extent of 50% or less of the cost of replacement of the structure new, repair or restoration of such structure may be made; provided, however, that:
In no event shall any damage or destruction to such a structure by any means within the control of the owner be repaired or restored, except in accordance with this chapter.
Moving. No structure or use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the entire structure and/or use conforms to all regulations of the zoning district in which it is located after being so moved.
Expansion of use. No use shall be expanded, enlarged or increased in intensity. Such prohibited activity shall include, but shall not be limited to:
Expansion of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of this chapter, or any amendment hereto, which causes such use to become nonconforming.
Expansion of such use within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of this chapter, or any amendment to this chapter, which causes such use to become nonconforming.
An extension of the hours of operation of such use beyond the existing hours of operation at the adoption of this chapter shall not be allowed.
Change in use.
A nonconforming use in a structure designed for a use permitted in the district in which it is located shall not be changed to any use other than a use permitted in the zoning district in which the property is located.
Once changed to a permitted use or to a more restrictive use in accordance with Subsection F(1) above, the use shall not be changed back to the prior nonconforming use. The use is changed when an existing nonconforming use is terminated and a new use commences and continues for a period of seven consecutive days, including any change of use in violation of this subsection.
Abandonment or discontinuance.
When the active operation of all or a portion of a nonconforming use is discontinued or abandoned for a period of nine consecutive months, regardless of any intent to resume or not to abandon the use, the use or portion thereof shall not be reestablished or resumed. The active operation of a use shall be the typical or normal activities associated with the use. In the case of abandonment or discontinuance of all of a nonconforming use, any subsequent use or occupancy of such land or structure shall comply with the use regulations of the zoning district in which such structure is located. In the case of abandonment or discontinuance of a portion of a nonconforming use, the remaining occupied portion of the nonconforming use may continue subject to the provisions of this subsection.
For the purpose of this section, the following circumstances, which shall not be exclusive, shall contribute towards evidence of discontinuance or abandonment of a use:
Failure to maintain regular business hours, typical or normal for the use (past operations of the use and/or industry standards may be used to determine typical or normal hours); or
Failure to maintain equipment, supplies or stock-in-trade, which would be used for the active operation of the use; or
Failure to maintain utilities which would be used for the active operation of the use; or
Failure to pay taxes, including, but not limited to, sales taxes, workers' compensation taxes, corporate taxes, etc. that would be required for the active operation of the use; or
Failure to maintain required local, state or federal licenses or other approvals that would be required for the active operation of the use. Prior to a determination by the Code Enforcement Officer, based upon evidence of any of the above circumstances or other relevant evidence that a nonconformity has been discontinued or abandoned, the owner or operator shall have the opportunity to apply for a certificate of nonconformity and, thereby, establish by relevant and credible evidence that the use has not been discontinued or abandoned.
The legality of one or more nonconforming uses located within a property shall not affect the determination that another nonconforming use on the same property has been discontinued or abandoned.
An owner or operator shall have the opportunity to submit any evidence or proof that the property and its use have not been discontinued or abandoned. The Code Enforcement Officer shall then issue a letter of determination based upon the evidence of any of the above circumstances or other relevant evidence that nonconformity has continued, been discontinued or abandoned.
Nonconforming accessory uses and structures. No use, structure or sign that is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated.
Uses deemed conforming. A mobile home park or marina existing in the Residential District at the time of the adoption of this chapter, or any amendments thereto, shall be deemed a conforming use upon the lot then devoted to such use, provided that such use has been legally established.
§ 136-62 Nonconforming structures.
Continuance. Any nonconforming structure which is devoted to a use which is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in this section.
Repair or alterations. Any nonconforming structure may be maintained, repaired or altered, provided no additional nonconformity is created or the degree of the existing nonconformity is increased. Any permit issued for a nonconforming structure or use is subject to site plan review.
Damage or destruction.
In the event that any part of a nonconforming structure which contributed to its nonconformity is damaged or destroyed, by any means, to the extent of more than 50% of the cost of replacement of said part new, such part shall not be restored unless it shall thereafter conform to the regulations of the zoning district in which it is located.
When any part of a nonconforming structure is damaged or destroyed, by any means, to the extent of 50% or less of the cost of replacement of such part new, no repairs or restoration, except in conformity with the applicable zoning district regulations, shall be made unless a zoning certificate is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.
Moving. No nonconforming structure shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.
§ 136-63 Nonconforming lots of record.
In any district in which single-family dwellings are a permitted use, notwithstanding the regulations imposed by any other provisions of this chapter, a single-family detached dwelling which complies with the yard, space and bulk requirements of the district in which it is located may be erected on a nonconforming lot. This includes construction of a single-family dwelling on any lot less than 50 feet in width, consisting entirely of one tract of land of not less than 5,000 square feet.
In any district in which single-family dwellings are not permitted, a nonconforming lot of record may be used for any use permitted in the district in which it is located if site plan approval is granted in accordance with the provisions of this chapter.