Vernon City Zoning Code
ARTICLE VI
NON-CONFORMING LOTS, STRUCTURES, AND USES
§ 601.1 Purpose.
The general public, the planning and zoning commission and the board of adjustment are directed to take note that non-conformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible, except when necessary to preserve property rights established prior to the date these regulations became effective, and when necessary to promote the general welfare, and to protect the character of surrounding property. It shall be the responsibility of the planning and zoning commission and the board of adjustment to assist the city commission in achieving this goal by submitting recommendations to the city commission. The city commission shall on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any non-conforming use within the city.
(Ordinance 1481 adopted 5/26/07)
§ 601.2 Non-conforming lots.
A.
Continuance of non-conforming lots.
Subject to limitations set forth, any non-conforming lot may continue without change in boundaries and may be utilized or developed provided that the uses and development are otherwise authorized by these regulations. No new construction shall be placed except in conformity with the applicable controls in which the lot is located.
B.
Discontinuance of non-conforming lots.
Any lot which is made conforming by combining with other lots for purposes of sale or development, or by subdividing or re-subdividing, thereafter shall be recognized as a conforming lot and shall comply in full with the provision of these regulations.
(Ordinance 1481 adopted 5/26/07)
§ 601.3 Non-conforming structures.
A.
Limitation on regulations.
No structure, otherwise in accordance with the provisions of these regulations or an amendment hereto, shall be rendered or be deemed a non-conforming structure solely for a failure to comply with provisions relating to signs, or provisions of section 101.2 of this zoning ordinance.
B.
Continuance of non-conforming structures.
Subject to all limitations herein set forth, any non-conforming structure may be occupied and operated and maintained in a state of good repair, but no non-conforming structure shall be enlarged or extended unless the enlargement or extension can be, and is, in compliance with all of the provisions herein established for structures in the district in which the non-conforming structure is located.
C.
Accidental damage to building.
If a building occupied by non-conforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt except to conform with the provisions herein. In the case of partial destruction by fire or other causes, not exceeding fifty (50) percent of its replacement cost, the enforcing officer may issue a permit for reconstruction. If greater than fifty (50) percent and less than total, the board of adjustment may grant a permit for repair but not for enlargement or reconstruction of the building. Provided, notwithstanding any other provision, any person may continue a non-conforming use if it is greater than 50% destroyed if that person shall notify in writing, the city within 6 months and apply for a building permit to rebuild and continue such non-conforming use. The city shall notify such owner of the rights granted under this paragraph.
D.
Repairs and alterations.
Repairs and alterations may be made to a non-conforming building or structure; provided however, no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use; and provided that no additional dwelling units shall be added where the non-conforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. The board of adjustment may grant as a special exception, an application to extend or enlarge a building occupied by a non-conforming use of the lot occupied by such building, provided such grant does not serve to prevent the return of such property to a conforming use.
(Ordinance 1481 adopted 5/26/07)
§ 601.4 Non-conforming uses.
A.
Continuance of non-conforming use.
Any non-conforming use may be continued in operation on the same land area and on the same floor area in a structure or structures which were occupied by the non-conforming use on the effective date of these regulations as amended, but such land area or floor area shall not be increased. Any non-conforming use which discontinues and which remains unused as the use that made the premises a non-conforming use for a period of six (6) consecutive months shall be terminated, except that such These limitations shall not apply to farming uses.
B.
Registration of non-conforming use.
It shall be the right of the joint tenants and owners of a non-conforming use to register same by securing a certificate of occupancy.
C.
Changing a non-conforming use.
To a conforming use:
Any non-conforming use may be changed to a use conforming with the regulations of the district; provided that a non-conforming use so changed shall not be changed back.
To another non-conforming use:
A non-conforming use may be changed to an upgraded non-conforming use approved by the board of adjustment; provided, that a non-conforming use changed to an upgraded non-conforming use, shall not be changed back.
(Ordinance 1481 adopted 5/26/07)