Williams City Zoning Code
NON-CONFORMING BUILDINGS
STRUCTURES, USES AND LOTS
§ 158.230 GENERAL.
(A) This section provides for the regulation of non-conforming buildings, structures, uses and lots. These regulations are designed to protect the rights of legally existing non-conforming uses, structures and buildings, but not promote expansion or enlargement. The site, building, structure or use will be encouraged to convert to a conforming use in the future.
(B) Any use or activity lawfully conducted under county zoning regulations at the effective date of annexation or under previous zoning regulations in effect at the adoption of the ordinance codified in this chapter, or any amendment, shall be considered a legal non-conforming use under this chapter.
(C) The City Council, by ordinance, may authorize the acquisition of private property by purchase or condemnation for removal of non-conforming uses and structures.
(Prior Code, § 12-15.01) (Ord. 747, passed - -1995)
§ 158.231 NON-CONFORMING BUILDINGS, STRUCTURES AND USES.
(A) No structural or physical alteration shall be made to any non-conforming building, structure or lot except when required by law or ordinance. This requirement does not prohibit routine repairs or maintenance.
(B) No expansion shall be made of any non-conforming building, structure or use unless such expansion conforms to the regulations specified for the district in which it is located. In cases where the non-conforming use occupies a building, structure or any portion of a site, expanding the use into additional building or land area shall constitute an extension and shall not be allowed.
(C) Any non-conforming building, structure or use, or one or more of a group of non-conforming building, structure or use related to one industry and under one ownership, which has been damaged by fire, flood, explosion, earthquake, war, riot or act of God, may be reconstructed and used as before, if done within 12 months of such calamity. The City Council, after review and recommendation by the Planning and Zoning Commission, may determine that such delay in reconstruction was caused by unforeseen circumstances beyond the control of the owner of the premises and permit a reasonable extension of time for reconstruction. Any district requirements may be waived by the City Council; provided, the area restored is not more non-conforming than existed at the time of the calamity.
(D) (1) Any non-conforming building, structure or use which ceases to be used for a period exceeding one year or is superseded by a conforming use, shall never again be devoted to the non- conforming use, except as otherwise provided in division (C) above. A non-conforming use shall not be changed to a different non-conforming use.
(2) This shall not prevent a name change or change in ownership of the same non-conforming use.
(Prior Code, § 12-15.02) (Ord. 747, passed - -1995)
§ 158.232 NON-CONFORMING LOTS.
Any legal lot existing at the time of the enactment of this chapter, or any amendment, which does not conform within lot area, lot width or lot depth for the zoning district in which it is located, may be used for any use permitted in that zone district; provided, all other applicable regulations of this chapter are complied with.
(Prior Code, § 12-15.03) (Ord. 747, passed - -1995)
§ 158.233 DEVELOPMENT STANDARDS.
(A) (1) Development standards relate to the size, configuration and character of development.
(2) Development standards include, but are not limited to, items such as parking, landscaping, buffer areas and setback.
(3) Developed property may be non-conforming because the development of the property does not meet current zoning ordinance requirements.
(B) Property which is non-conforming, due to deficiencies in development standards, shall be regulated as follows.
(1) No change of use or change to a building structure shall be permitted which creates a deficit or increases an existing deficit in off-street parking spaces, loading areas or other development standards.
(2) Any site which is non-conforming due to deficiencies of development standards and which require review or approval by the city shall, as a requirement of that review, be brought into conformance including, but not limited to, development standards for parking, circulation, driveways, drainage, storage, screening and landscaping, with this chapter and other applicable codes before any permit or other request can be approved.
(Prior Code, § 12-15.04) (Ord. 747, passed - -1995) Penalty, see § 158.999