Vicksburg City Zoning Code
ARTICLE VI
Nonconformities
§ 475-6.01 Intent.
A.
Nonconformities are uses, structures, buildings, or lots which do not conform to one or more provisions or requirements of this chapter or a subsequent amendment, but which were lawfully established prior to the time of adoption of the Ordinance or amendment. Such nonconformities are not compatible with the current or intended use of land in the district in which they are located. Therefore, it is the intent of this chapter to permit such nonconformities to continue under certain conditions, but to discourage their expansion, enlargement, or extension. Accordingly, the purpose of this section is to establish regulations that govern the completion, restoration, reconstruction, extension, and/or substitution of nonconformities, and to specify the circumstances and conditions under which nonconformities shall be permitted to continue.
B.
The following table summarizes the nonconforming regulations contained in this article:
Summary of Nonconformity Regulations | |
|---|---|
Issue | Requirements |
Period of non-use before nonconformity must cease* | Nonconforming use of structure or building: 18 months |
Establishment of new conforming use | Nonconforming use must cease |
Change in ownership | No effect on nonconformity |
Nonconforming single unit residential use | May be enlarged, subject to conditions |
Substitution of one nonconformity for another | Permitted under certain conditions |
Expansion of nonconforming use within building | See section titled Modification to Nonconforming Uses or Structures |
Expansion of nonconforming use beyond existing building | Not permitted |
Enlargement of nonconforming structure | See section titled Modification to Nonconforming Uses or Structures |
Maintenance; structural repairs | Generally permitted |
Renovation; modernization | Generally permitted |
Rebuilding after catastrophe | Permitted to be rebuilt to existing footprint of building/structure prior to catastrophic event. |
Note: | |
|---|---|
* | Non-use shall be defined as the disconnection of essential public utilities, including electricity, water, or heating fuel, OR the substantial decrease in the use of such utilities to the point where they are no longer consistent with the use in question. |
§ 475-6.02 General requirements.
A.
The following regulations shall apply to all nonconforming uses, structures, and lots:
(1)
Continuation of nonconforming uses and structures. Any lawful nonconforming use existing on the effective date of this chapter or amendment thereto may be continued and shall not be considered to be in violation of this chapter, provided that (unless otherwise noted in this article) the use shall not be enlarged or extended to occupy a greater area of land, nor moved in whole or in part to another portion of the lot.
(2)
Any lawful building or structure existing on the effective date of this chapter or amendment thereto may be continued and shall not be considered in violation of this chapter, provided that (unless otherwise noted in this article) the building or structure involved shall not be structurally altered, enlarged, or moved unless such modifications conform to the provisions of this chapter for the district in which it is located.
(3)
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.
(4)
Purchase or condemnation. In order to accomplish the elimination of nonconforming uses and structures which constitute a nuisance or are detrimental to the public health, safety and welfare, Village of Vicksburg may acquire, by purchase, condemnation or otherwise, private property for the purpose of removal of nonconforming uses pursuant to Section 208(3) of Public Act 110 of 2006, as amended.
(5)
Establishment of a conforming use or structure. In the event that a nonconforming principal use or structure is superseded by a conforming principal use or structure on a site, the nonconforming use or structure shall be immediately and permanently removed.
(6)
Change of tenancy or ownership. In the event there is a change in tenancy, ownership, or management, an existing nonconforming use or structure shall be allowed to continue, provided there is no change in the nature or character of such nonconformity.
(7)
Unlawful nonconformities. No building, structure, or use shall be permitted to continue in existence if it was unlawful at the time it was established.
(8)
Substitution. A nonconforming use may be changed to another nonconforming use, provided that no structural alterations are required to accommodate the new nonconforming use, and that the proposed use is equally or more appropriate in the district than the existing nonconformity. In permitting such a change, the Zoning Administrator may require conditions to accomplish the purposes of this chapter.
(9)
Change of location. Should a nonconforming structure be moved to another parcel or to another location on the same parcel for any reason whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
§ 475-6.03 Nonconforming lots of record.
A.
Nonconforming lots of record are those lots of record, as defined in this chapter, existing and lawful prior to the effective date of this chapter or amendments thereto, which could not be created lawfully thereafter.
B.
Use of nonconforming lots. Any nonconforming lot shall be used only for a use permitted in the district in which it is located. Notwithstanding limitations imposed by other provisions of this chapter, a permitted use may be erected on any single lot of record in existence at the effective date of adoption or amendment thereto. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, provided that the lot can be developed as proposed without any significant adverse impact on surrounding properties or the public health, safety, and welfare.
§ 475-6.04 Modification to nonconforming uses or structures.
A.
No nonconforming use or structure shall be enlarged, extended, or structurally altered, nor shall any nonconformity be changed to a different nonconformity which increases the intensity of use or nonconformity, except as permitted in this section.
(1)
Applicability. The following regulations shall apply to any nonconforming use or structure, including:
(a)
Nonconforming uses of open land.
(b)
Nonconforming use of buildings designed for a conforming use.
(c)
Nonconforming use of buildings specifically designed for the type of use that occupies them but not suitable for a conforming use.
(d)
Buildings designed and used for a conforming use but not in conformance with area and bulk, parking, loading, or landscaping requirements.
(e)
Nonconforming structures, such as fences and signs.
(2)
Nonconforming structures by reason of dimensional inadequacies. Where a lawful structure exists on the effective date of this chapter or amendments thereto which could not be built under its terms by reason of restrictions on area, height, yards, location on the lot, or other dimensional requirements, such a structure may be continued so long as it remains otherwise lawful, provided:
(a)
Repairs, maintenance, and renovation necessary for health or safety reasons or to keep such a nonconforming structure in a sound condition may be made.
(b)
A nonconforming structure may be enlarged, expanded or altered, so long as the nonconforming characteristic of the structure is not enlarged upon, extended or increased in its degree of nonconformance.
(c)
Should such a nonconforming structure be relocated for any reason or for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located.
(d)
Under no circumstances shall a non-conforming structure be rebuilt if the structure is determined to be located on more than one lot or parcel. The Village may require the owner/applicant to provide a current survey of the property. The survey shall be acceptable to the Zoning Administrator and shall include all structures on the property.
(e)
If such a nonconforming structure 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 zoning district in which it is located.
(f)
Any non-conforming structure that is voluntarily demolished or razed shall not be re-built unless in full compliance with the terms of this chapter.
(g)
Such a nonconforming structure which is damaged or destroyed by wind, fire, explosion, a natural calamity may be altered, repaired, or replaced and the nonconforming nature thereof continued, provided that:
[1]
The repair, replacement or alteration is undertaken within two years following the damage;
[2]
There is no change in use; and
[3]
The extent of the nonconformance with the provisions of this chapter is not increased.
[4]
The site shall be secured by the owner within 14 days of the natural calamity, in order to safeguard the public health, safety, and welfare. The Zoning Administrator shall determine what permits and safeguards are required.
(3)
Nonconforming land or structures by reason of use. Where a lawful use of land or a structure exists on the effective date of this chapter or amendments thereto which would not thereafter be permitted in the zoning district, such use may be continued so long as it remains otherwise lawful, provided:
(a)
The nonconforming use of land or structure shall not be enlarged, extended or expanded in such a way as to increase the nonconforming nature of the use, such as the addition of dwelling units, additional manufacturing or selling area, or by the addition of facilities which would allow the establishment of other nonconforming uses.
(b)
A nonconforming structure by reason of use shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by such structure at the effective date of adoption or amendment of this chapter.
(c)
Normal repairs, maintenance and renovation necessary for health or safety reasons or to keep any structure in a sound condition may be made, but a nonconforming structure by reason of use shall not be structurally altered except in order to change its use to one permitted in the zoning district in which it is located.
(d)
Any structure in which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the zoning district, and the nonconforming use may not thereafter be resumed.
(e)
If a 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 zoning district in which it is located.
(4)
Enlargement, extension, or alteration.
(a)
Increase in nonconformity prohibited. Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of any nonconformity. For example, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:
[1]
An increase in the total amount of space devoted to a nonconforming use, or
[2]
Greater nonconformity with respect to dimensional restrictions, such as setback requirements, height limitations, density requirements, or other requirements in the district in which the property is located.
(b)
Permitted extension. Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building. No nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land, nor shall any such use be moved in whole or in part to any portion of the lot or parcel than was occupied on the effective date of this chapter or amendment thereto.
(c)
Alterations that decrease nonconformity. Any nonconforming structure or any structure or portion thereof containing a nonconforming use may be altered if such alteration serves to decrease the nonconforming nature of the structure or use.
(5)
Repairs, improvements, and modernization.
(a)
Required repairs. Repairs or maintenance deemed necessary by the Zoning Administrator to keep a nonconforming building structurally safe and sound are permitted. However, if a non-conforming structure or a structure containing a nonconforming use becomes physically unsafe and/or unlawful due to lack of maintenance and repairs and is declared as such by the Zoning Administrator and/or Building Official, it shall not thereafter be restored, repaired, or rebuilt except in full conformity with the regulations in the district in which it is located.
(b)
Additional permitted improvements. Additional repairs, improvements, or modernization of nonconforming structures, beyond what is required to maintain the safety and soundness of the structure, shall be permitted provided such repairs or improvements do not exceed the existing footprint of the nonconforming structure. The provisions in this subsection shall apply to all structures except as otherwise provided in this Article for single-family residential uses and for reconstruction of structures damaged by fire or other catastrophe.
(6)
Damage by fire or other catastrophe.
(a)
Any nonconforming structure that is damaged by fire, flood, or other catastrophe may be rebuilt or restored, provided that the rebuilt or restored structure does not exceed the size, height and placement of the original structure, nor would such a rebuild violate the currently adopted Fire and Building/Construction Code.
All rebuilding or restoration shall comply with all applicable building and fire codes and shall be completed within one year of the date of damage. Damage that is caused by an intentional act of the owner, or the owner's agent, is excluded.
