Van Buren City Zoning Code
ARTICLE XI
Nonconformities
§ 200-75 Nonconforming uses, buildings and structures.
A.
Intent.
(1)
Within the districts established by this chapter, or amendments that may be subsequently adopted, there exist lots, structures, uses of land and structures and characteristics of use which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformities 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, expanded or extended or be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except to the extent allowable by applicable law.
(2)
Nonconforming uses are declared to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure and land in combination shall not be extended or enlarged by attachment on a building or premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.
B. NONCONFORMING USE
Definition. As used in this article, the following term shall have the meaning indicated:
A building, structure or use of land existing at the time of adoption of this chapter or any amendment thereto, and which does not conform to the regulations of the district in which it is situated.
C.
Continuation of use. The lawful use of any building or land existing at the time of the enactment of this chapter or any amendments thereto may be continued although such use does not conform with the provisions of this chapter to the extent permitted by applicable law.
D.
Discontinuance. Except for residential uses, when a nonconforming use has been discontinued for a continuous period of six months, except when government action impedes access to the premises, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
E.
Restorations, exclusive of residential structures. No nonconforming building damaged by fire or other causes to the extent of more than 25% of its current replacement cost, as determined by the Code Enforcement Officer, shall be repaired or rebuilt, except in conformity with this chapter.
F.
Alterations. For all but one-family residential uses, a nonconforming building may not be altered during its life to an extent exceeding in aggregate cost 25% of the current replacement value for the building as determined by the Code Enforcement Officer, unless said building is changed to a conforming use. No such alterations shall increase the inherent nonconformity nor violate any provisions of this chapter regarding yards, lot area or lot coverage for the district in which it is situated, or increase any existing violation of such provisions, and in no event shall the resulting structure be greater in cubic area than the prior existing structure.
G.
Unsafe structures. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located. However, the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official, shall be allowed.
§ 200-76 Nonconforming uses of land involving mobile homes.
Where at the time of adoption of this chapter lawful use of land exists which would not be permitted by this chapter and where such use involves mobile homes, the use may be continued so long as it remains otherwise lawful, provided that:
A.
No additional mobile homes shall be located on any parcel in excess of the number of sites consisting of the appropriate pads and utility connections which were in existence at the effective date of adoption or amendment of this chapter.
B.
If any individual mobile homes located on an individually owned parcel or lot of record shall be moved for more than a period of six months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located. An existing nonconforming mobile home may not be replaced by another mobile home.
C.
This chapter is not intended to prohibit the continued operation of existing mobile home parks as of the effective date of adoption or amendment of this chapter, and such mobile home parks are expressly permitted to continue operation in the manner conducted prior to the effective date of adoption or amendment of this chapter.
D.
If any individual mobile homes located on any parcel of property on the effective date of adoption of this chapter shall be bounded by road, street or public right-of-way, said lot may be sold or otherwise conveyed by metes and bounds description and such use continued so long as not abandoned pursuant to this section.
§ 200-77 Nonconforming junkyards and auto wrecking yards.
Junkyards and auto wrecking yards are prohibited in all districts. For those junkyards or auto wrecking yards in operation prior to the enactment of this chapter, all dismantling or cutting of vehicles shall take place in an area at least 500 feet from any property line, highway, right-of-way or street line. The open burning of vehicles or other material is not permitted. The area to be used as a wrecking yard shall not exceed 2,000 square feet. Any storage of parts or vehicles outside of the wrecking yard shall be within a building on the same lot or premises. Such building shall be an accessory building and subject to the restrictions of accessory buildings. The auto wrecking area shall be screened from view from any street, highway or property line by screen planting or any approved fence so as to be completely hidden from any highway, street or property line.
§ 200-78 Nonconforming residential lots of record.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record or a lot or parcel described by metes and bounds or a lot in an unrecorded plat which was the subject of a contract to purchase or article of agreement executed prior to the effective date 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. Variance of yard requirements, however, shall be obtained only through action of the Zoning Board of Appeals. A nonconforming single-family residence may be enlarged or extended, provided that the dimensional nonconformance is not increased thereby.