Tontitown City Zoning Code

NONCONFORMING STRUCTURES

AND USES

§ 153.040 CONTINUANCE OF USE.

(A) Any lawfully established use of a structure or land, on the effective date of these regulations or of amendments hereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein.

(B) Any legal nonconforming structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

(C) Any structure for which a building permit has been lawfully granted prior to the effective date of these regulations, or of amendments hereto, may be completed in accordance with the approved plans. Such building shall thereafter be deemed a lawfully established building.

(Ord. 2017-05-635, passed 5-2-17)

§ 153.041 DISCONTINUANCE OF USE.

(A) Whenever any part of a structure or land occupied by a nonconforming use is changed to, or replaced by, a use conforming to the provisions of these regulations, such premises shall not thereafter be used or occupied by a nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use.

(B) Whenever a nonconforming use of a structure or part thereof, has been discontinued or abandoned for a period of six months or more such use shall not be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the district.

(C) Where no enclosed structure is involved, discontinuance of a nonconforming use for a period of six months or more shall constitute abandonment, and shall not thereafter be used in a nonconforming manner.

(Ord. 2017-05-635, passed 5-2-17)

§ 153.042 CHANGE OF USE.

(A) The nonconforming use of any structure or portion thereof, may be occupied by a similar or less intense nonconforming use as may be determined by the zoning official, subject to appeal to the Board of Zoning Adjustment. No building in which a nonconforming use has been changed to a more restricted use shall again be devoted to a less restricted use. All changes of use and or occupancy must comply with all applicable provisions of the building code.

(B) A nonconforming use of land without substantial buildings or structures may not be extended or expanded, nor shall it occupy more area than was in use on the effective date of these regulations. If such nonconforming use or portion thereof is discontinued for a period of six months, or changed, any future use of such land or change of use shall be in conformity with the provisions of the district in which such land is located.

(Ord. 2017-05-635, passed 5-2-17)

§ 153.043 REPAIRS AND ALTERATIONS.

(A) Normal maintenance of a nonconforming structure or of a conforming structure containing a nonconforming use is permitted. Such structures may be expanded once, a maximum of 25% in gross floor area or expansion of 5,000 square feet, whichever is less.

(B) Alterations may be made when required by law, or when such alterations will actually result in eliminating the nonconformity.

(C) No structure partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

(D) A structure that is nonconforming with respect to yards, height or any other element of bulk regulated by these regulations, shall not be altered or expanded in any manner that would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located.

(Ord. 2017-05-635, passed 5-2-17)

§ 153.044 ACCESSORIES TO PRIMARY NONCONFORMING USES.

(A) Addition of, or enlargement, alteration or relocation of, accessories which are incidental to and accommodate the primary nonconforming use may be permitted if, after notices and public hearing and recommendation by the Planning Commission, the City Council finds that the accessory promotes the public health, safety, and welfare and does not expand or enlarge the primary nonconforming use.

(B) The procedures for application and review shall be the same as those for a conditional use, with the exception that all notifications must make reference to a request for "alteration, enlargement or relocation of use" instead of a request for a conditional use.

(Ord. 2017-05-635, passed 5-2-17)

§ 153.045 DAMAGE AND DESTRUCTION.

If a nonconforming structure or a structure containing a nonconforming use is damaged or destroyed by natural disaster, fire, or other casualty, the structure may be repaired or reconstructed and used for the same purpose as it was before the occurrence; provided such repair or reconstruction is commenced within six months and completed within one year of the date of such damage or destruction. Failure to exercise this option within the time specified, shall be considered a voluntary abandonment and the structure may be rebuilt and used thereafter only for a conforming use, and in compliance with provisions of the district in which it is located.

(Ord. 2017-05-635, passed 5-2-17)

§ 153.046 DISTRICT CHANGES.

Whenever the boundaries of a zoning district are changed, so as to transfer an area from one district to another, the foregoing provisions shall also apply to any newly created nonconforming uses therein.

(Ord. 2017-05-635, passed 5-2-17)

Tontitown City Zoning Code

NONCONFORMING STRUCTURES

AND USES

§ 153.040 CONTINUANCE OF USE.

(A) Any lawfully established use of a structure or land, on the effective date of these regulations or of amendments hereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein.

(B) Any legal nonconforming structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

(C) Any structure for which a building permit has been lawfully granted prior to the effective date of these regulations, or of amendments hereto, may be completed in accordance with the approved plans. Such building shall thereafter be deemed a lawfully established building.

(Ord. 2017-05-635, passed 5-2-17)

§ 153.041 DISCONTINUANCE OF USE.

(A) Whenever any part of a structure or land occupied by a nonconforming use is changed to, or replaced by, a use conforming to the provisions of these regulations, such premises shall not thereafter be used or occupied by a nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use.

(B) Whenever a nonconforming use of a structure or part thereof, has been discontinued or abandoned for a period of six months or more such use shall not be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the district.

(C) Where no enclosed structure is involved, discontinuance of a nonconforming use for a period of six months or more shall constitute abandonment, and shall not thereafter be used in a nonconforming manner.

(Ord. 2017-05-635, passed 5-2-17)

§ 153.042 CHANGE OF USE.

(A) The nonconforming use of any structure or portion thereof, may be occupied by a similar or less intense nonconforming use as may be determined by the zoning official, subject to appeal to the Board of Zoning Adjustment. No building in which a nonconforming use has been changed to a more restricted use shall again be devoted to a less restricted use. All changes of use and or occupancy must comply with all applicable provisions of the building code.

(B) A nonconforming use of land without substantial buildings or structures may not be extended or expanded, nor shall it occupy more area than was in use on the effective date of these regulations. If such nonconforming use or portion thereof is discontinued for a period of six months, or changed, any future use of such land or change of use shall be in conformity with the provisions of the district in which such land is located.

(Ord. 2017-05-635, passed 5-2-17)

§ 153.043 REPAIRS AND ALTERATIONS.

(A) Normal maintenance of a nonconforming structure or of a conforming structure containing a nonconforming use is permitted. Such structures may be expanded once, a maximum of 25% in gross floor area or expansion of 5,000 square feet, whichever is less.

(B) Alterations may be made when required by law, or when such alterations will actually result in eliminating the nonconformity.

(C) No structure partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

(D) A structure that is nonconforming with respect to yards, height or any other element of bulk regulated by these regulations, shall not be altered or expanded in any manner that would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located.

(Ord. 2017-05-635, passed 5-2-17)

§ 153.044 ACCESSORIES TO PRIMARY NONCONFORMING USES.

(A) Addition of, or enlargement, alteration or relocation of, accessories which are incidental to and accommodate the primary nonconforming use may be permitted if, after notices and public hearing and recommendation by the Planning Commission, the City Council finds that the accessory promotes the public health, safety, and welfare and does not expand or enlarge the primary nonconforming use.

(B) The procedures for application and review shall be the same as those for a conditional use, with the exception that all notifications must make reference to a request for "alteration, enlargement or relocation of use" instead of a request for a conditional use.

(Ord. 2017-05-635, passed 5-2-17)

§ 153.045 DAMAGE AND DESTRUCTION.

If a nonconforming structure or a structure containing a nonconforming use is damaged or destroyed by natural disaster, fire, or other casualty, the structure may be repaired or reconstructed and used for the same purpose as it was before the occurrence; provided such repair or reconstruction is commenced within six months and completed within one year of the date of such damage or destruction. Failure to exercise this option within the time specified, shall be considered a voluntary abandonment and the structure may be rebuilt and used thereafter only for a conforming use, and in compliance with provisions of the district in which it is located.

(Ord. 2017-05-635, passed 5-2-17)

§ 153.046 DISTRICT CHANGES.

Whenever the boundaries of a zoning district are changed, so as to transfer an area from one district to another, the foregoing provisions shall also apply to any newly created nonconforming uses therein.

(Ord. 2017-05-635, passed 5-2-17)