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Vinton City Zoning Code

CHAPTER 10

Nonconformities

Sec. 10.01.01 Purpose

Because the Village is developed, the application of new regulations to existing development may create circumstances where existing development do not strictly conform to the UDC. Such improvements are "legally nonconforming", as set out in Subchapter 10.02, Classification of Nonconformities, provided that they were originally lawfully established. This Chapter sets out equitable rules for whether, when, and how the UDC regulations apply to nonconformities. 

Effective on: 2/7/2016

Sec. 10.01.02 Application

  • Generally.
    1. This Chapter applies to uses, accessory uses, buildings, structures, landscaping and buffering, signs, lighting, parking, and lots lawfully created or constructed but do not conform to current UDC requirements. 
    2. Nonconforming uses, buildings, structures, and signs are not allowed to be enlarged, expanded, increased, or be used as grounds for adding other structures or uses now prohibited in the same zone.
    3. This Chapter sets out the standards for when a nonconformity must be terminated or removed, and when it is allowed to be restored after temporary cessation, damage or destruction.
    4. This Chapter does not authorize or legitimize uses, buildings, structures, or signs that were not legally established or constructed. Such uses, buildings, structures, or signs are not "legally nonconforming," but instead remain "unlawful," and are subject to all of the provisions of this UDC (including enforcement provisions) and any other applicable law. Likewise, this Chapter does not legitimize unlawful subdivisions of property that may have occurred before the effective date of this UDC.​ ​
  • Changes of Ownership. Nothing in this Chapter shall be construed to affect or restrict changes in ownership, nor shall ownership changes affect any of the requirements of this Chapter.
  • Evidence of Status. Evidence of the existence of a nonconformity and the origination of the nonconformity shall be submitted upon the request of the Zoning Administrator.
  • Exceptions.
    1. Previously Approved Applications. This Chapter does not apply to site specific development approvals for which rights have been vested.
    2. Unlawful Uses, Buildings, Structures, or Signs. This Section does not allow for the perpetuation of uses, buildings, structures, lighting, or signs that were unlawfully established or constructed. Such uses, buildings, structures, lighting, or signs are not "legally nonconforming," but instead are "unlawful," and are subject Chapter 11, Enforcement and Remedies. Likewise, this Chapter does not legitimize unlawful subdivisions of property that occurred before the effective date of the UDC.
    3. Natural Shifts of Zone Boundaries. If a zone boundary changes as a result of a change in location of a stream channel centerline, such change of zone boundary does not render existing development nonconforming. (See also, Sec. 2.01.03, Official Zoning Map, Subsection C., Interpretation of District Boundaries).
    4. Nonconformities Created by Public Action. Any nonconforming building or structure or land expressly created or caused by a conveyance of privately owned land to a federal, state or local government to serve a public purpose is conforming for the purposes of this UDC, and is not subject to the limitations of this Article. This exemption applies only in cases where private land is obtained by a governmental entity for a public purpose, through condemnation, threat of condemnation or otherwise, which creates a nonconformity in the remainder parcel in terms of setback, lot size, or other applicable standards of this UDC. This exemption does not apply to right-of-way dedication or other public conveyances of land required by the Village in the course of subdivision or other routine site plan approvals.

    • Effective on: 2/7/2016

    Sec. 10.02.01 Nonconforming Uses

  • Generally. The following uses are legally nonconforming uses:
    1. Uses that were lawfully established but are not currently listed as permitted, special, or temporary uses in the zoning district in Subchapter 2.02, Land Uses; and
    2. Uses that were lawfully established within a floodplain or floodway, that are no longer permitted in the floodplain or floodway.
  • ​​Standards.
    1. Change in Use
      1. A nonconforming use shall not be changed to another nonconforming use;
      2. If a nonconforming use is changed to a conforming use, the nonconforming use shall not be resumed; and
      3. If the use of only a portion of a building or property is changed from a nonconforming use to a conforming use, then the use of that portion of the building or property shall not be changed back to the nonconforming use.
    2. Discontinuance of Use. If a nonconforming use is discontinued for a period of six months, for any reason, it shall not be resumed.
    3. Parking. If a nonconforming use is required to be brought fully into compliance, then the parking, loading, and access requirements of Subchapter 7.01 shall also be brought into compliance.

    • Effective on: 1/1/1901

    Sec. 10.02.02 Nonconforming Buildings and Structures

  • Expansion or Construction of Nonconforming Structures. Nonconforming buildings and structures may not be expanded, except for single-family dwellings in the R-1 district, which shall be allowed to construct additions, expansions, and remodels that do not increase the portion of the building that does not conform to the UDC.
  • Maintenance and Repairs.  The following changes or alterations may be made to a nonconforming building, provided that such changes or alterations do not exceed 50 percent of the building's assessed valuation:
    1. Repair to a building declared unsafe to restore it to a safe condition, provided that no structural alterations are made except as required by state law or the building code.
    2. Maintenance repairs necessary to maintain a good building condition.
    3. Any structural alterations that would not increase the degree of the nonconformity or result in a conforming use.
  • Abandonment.
    1. When a nonconforming use, or a conforming use located within a nonconforming structure, is abandoned or destroyed, all nonconforming rights shall cease and the use and design of the replacement structure shall conform to all Village codes and ordinances.
    2. Abandonment shall involve the actual act of discontinuance, regardless of the intent of the user or owner to discontinue a nonconforming operation. Any nonconforming use that is discontinued for, or remains vacant for, a period of six months, shall be considered to have been abandoned.
    3. Any nonconforming use or structure moved from the premises shall be considered to have been abandoned.
  • Destruction By Fire. If a nonconforming structure, or a structure occupied by a nonconforming use, is destroyed by fire, the elements, or other cause, it may only be rebuilt in accordance with the UDC, except in the case of partial destruction of a structure occupied by a nonconforming use, repair not exceeding 50 percent of its replacement value  is permitted subject to the following standards:
    1. The use and design of the new structure must conform to the zoning of the property.
    2. Work on the restoration of the use must begin within 12 months of the time of the calamity; and
    3. The size and function of the nonconforming use shall not be expanded;
  • Standards for Existing Buildings or Structures in the Floodplain. It is the intent of the Village that no permanent buildings or structures be located or substantially improved in the floodplain, except according to the standards in Subchapter 6.01, Flood Damage Reduction, and Subchapter 6.02, Flood Hazard Reduction, and that existing legal nonconforming buildings or structures shall be removed upon abandonment, destruction, or substantial damage.

    • Effective on: 1/1/1901

    Sec. 10.02.03 Nonconforming Lots

  • Standards. Existing nonconforming lots may be combined to increase conformity as follows:
    1. Where a landowner owns several abutting lots that do not conform to the UDC, they may be consolidated or replatted as a conforming lot, or lots, or to a design that reduces the degree of the nonconformity.
    2. A proposed combination or replat of nonconforming lots may not:
      1. Materially disrupt the lotting pattern of the street, for example, by creating a through lot or a lot with an inconsistent orientation to a street; or
      2. Result in regularly shaped lots being combined into a single lot with an irregular shape.
  • Prohibited Actions.
    1. Nonconforming lots, or interest therein, may not be transferred, conveyed, sold, or subdivided to create a new nonconforming lot, to avoid, circumvent or subvert any provision of this UDC, or to leave remaining lots in violation of the UDC;
    2. No lot, or portion of a lot, required as a building site by this UDC, may be used as a portion of a lot for another structure without adhering to all platting requirements of the UDC;
    3. No building permit may be issued for any lot or parcel of land which has been illegally conveyed, sold, or subdivided in violation of the UDC; and
    4. Any transferee who acquires a lot in violation of this Section, without knowledge of such violation, and any subsequent transferee, may have the right pursuant to Texas law to rescind and/or receive damages from any transferor who violates the provisions of the UDC, and the Village may take appropriate actions as set out in Chapter 11, Enforcement and Remedies.
  • Construction on Legal Lots That Do Not Conform to Dimensional Requirements. A legal lot that does not meet zoning district requirements with respect to lot area or lot width may be built upon if:
    1. The use is permitted in the zoning district in which the lot is located;
    2. The lot has sufficient frontage on a public street to provide access that is appropriate for the proposed use; and
    3. The proposed development will comply with all applicable development standards of the UDC.
  • Unrecorded Plats Prior to September 1, 1989.  Nonconforming lots located in a subdivision that was platted prior to September 1, 1989, but that was not recorded, are subject to the processes and procedures set out in Sec. 9.04.05, Unrecorded Plats Prior to September 1, 1989, to obtain the right to develop nonconforming lots created by such circumstances.

    • Effective on: 1/1/1901

    Sec. 10.02.04 Nonconforming Landscaping and Buffering

    The following standards shall apply to nonconforming landscaping and buffering:

    1. If an existing building or use is expanded, additional landscaping shall be required only in proportion to the new area of the building or use.
    2. If the use of a building changes, resulting in additional need for landscaping or buffering, additional landscaping and bufferyards shall be provided in an amount equal to the difference between the requirements of the former use (not the actual landscaping and buffering provided on-site) and the requirements for the new use.
    3. If an existing building is redeveloped, landscaping and bufferyards shall be provided as required by Subchapter 7.02, Landscaping, and Buffering.
    4. If a nonconforming use is required to be brought fully into compliance, then landscaping and bufferyards shall also be brought into compliance.

    Effective on: 1/1/1901

    Sec. 10.02.05 Nonconforming Signs

  • Generally. Any permanent sign that does not conform to the provisions of Subchapter 7.03, Signs, is a "legal nonconforming" sign, provided that the sign:
    1. Was authorized by a sign permit prior to the effective date of this UDC, or was not subject to an applicable laws, when it was installed, the sign; or
    2. Was installed prior to the sign being annexed into the Village.
  • Standards.
    1. A nonconforming sign damaged by fire, wind, age, obsolescence, or other cause in excess of 50 percent of its replacement cost shall be considered to have been destroyed and may not be restored except in conformance with the UDC;
    2. If a nonconforming sign requires structural repairs because it has been damaged, destroyed, or time worn, it shall be removed as required by Subchapter 7.03, Signs;
    3. If a nonconforming sign is removed for any reason other than routine repair or maintenance, it shall conform to this UDC;
    4. Nonconforming signs that are a danger to public safety due to damage or wear shall be removed replaced in accordance with this UDC; and
    5. Temporary signs not in compliance with this UDC shall be removed as required by Subchapter 7.03, Signs.

    • Effective on: 1/1/1901