[CC 2001 §405.360; Ord. No. 856 §12.11(1), 6-11-1987]
The provisions of this Section shall apply to all non-conforming
uses, lands and structures. A non-conforming land use or structure
is one which existed lawfully whether by variance or otherwise on
the date this Zoning Code or any amendment thereto became effective,
and which fails to conform to one (1) or more of the applicable regulations
of the Zoning Code or such amendment thereto. Such non-conformities
may be incompatible with and detrimental to permitted land uses and
structures in the zoning districts in which they are situated; they
inhibit present and future development of nearby properties; and they
confer upon their owners and users a position of unfair advantage.
[CC 2001 §405.370; Ord. No. 856 §12.11(2), 6-11-1987]
Non-conformities are not to be expanded, and they should be
abolished or reduced to conformity as quickly as the fair interest
to the parties will permit.
[CC 2001 §405.380; Ord. No. 856 §12.11(3), 6-11-1987]
A.
Where,
on the date of adoption or amendment of this code, a lawful use of
a parcel or lot (such use not involving any building or structure
or upon which parcel or lot a building or structure is accessory to
such principal use) exists that is no longer permissible under the
provisions of this code, such principal use may be continued so long
as it remains otherwise lawful subject to the following provisions:
1.
Enlargement. No such non-conforming use of a parcel
or lot shall be enlarged, expanded or extended to occupy a greater
area of land than was occupied on the date of adoption or amendment
of this code and no additional accessory use, building or structure
shall be established thereon.
2.
Relocation. No such non-conforming use of a parcel
or lot shall be moved in whole or in part to any other portion of
such parcel or lot not so occupied on the date of adoption of this
code or to a parcel or lot not in conformance with this code.
3.
Discontinuance. If such non-conforming use of a
parcel or lot ceases for any reason for a period of more than one
hundred eighty (180) consecutive days (except where government action
causes such cessation), the subsequent use of such parcel or lot shall
conform to the regulations and provisions set by this code for the
district in which such parcel or lot is located.
[CC 2001 §405.390; Ord. No. 856 §12.11(4), 6-11-1987]
A.
Where,
on the date of adoption or amendment of this code, a lawful building
or structure exists that could not be built under the regulations
of this code by reasons of restrictions upon lot area, lot width,
lot coverage, height, open spaces, off-street parking, loading spaces
and setbacks, or other characteristics, such building or structure
may be continued so long as it remains otherwise lawful subject to
the following provisions:
1.
Enlargement. Such building or structure may be enlarged,
expanded, extended or altered only if the non-conformity is removed.
2.
Destruction. Should any such building or structure
be destroyed by any means to an extent of more than fifty percent
(50%) of its replacement cost at the time of destruction, it shall
not be reconstructed except in conformity with the provisions of this
code.
3.
Relocation. Should any such building or structure
be moved for any reason for any distance, it shall thereafter conform
to the regulations of the district in which it is located after it
is moved.
[CC 2001 §405.400; Ord. No. 856 §12.11(5), 6-11-1987]
A.
Where,
on the date of adoption or amendment of this code, a lawful use of
a building or structure exists that is no longer permissible under
the regulations of this code, such use may be continued so long as
it remains otherwise lawful subject to the following provisions:
1.
Enlargement. No existing building or structure devoted
to a use not permitted by this Code in the district in which it is
located shall be enlarged, constructed, reconstructed, moved or structurally
extended or altered except in changing the use of such building or
structure to a use permitted in the district in which such building
or structure is located.
2.
Change in use not permitted. An existing non-conforming
land use or structure shall not cause further departures from the
Zoning Code. Although an existing non-conforming use may be continued,
except as hereinafter limited, it may not be changed to another use,
except a use permitted in the district in which it is situated and
provided it complies with the requirements of that district.
3.
Discontinuance. When a non-conforming use of a building
or structure is discontinued or abandoned for more than one hundred
eighty (180) consecutive days (except where government action prevents
access to the premises), the building or structure shall not thereafter
be used except in conformance with the regulations of the district
in which it is located.
[CC 2001 §405.410; Ord. No. 856 §12.11(6), 6-11-1987]
Nothing in this code shall be deemed to prohibit the restoration of any structure and its use where such structure has been destroyed by any means out of the control of the owner to an extent less than fifty percent (50%) of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation adaptable to a conforming use) at the time of destruction, provided the restoration of such structure and its use in no way increases any former non-conformity, and provided further that restoration of such structure is begun within six (6) months of such destruction and diligently prosecuted to completion within two (2) years following such destruction. Whenever such structure has been destroyed by any means out of the control of the owner to an extent of more than fifty percent (50%) of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) at the time of destruction, as determined by the Building Official, or by any means within the control of the owner to any extent whatsoever, the structure shall not be restored except in full conformity with all regulations of the district in which such structure is situated. When a structure is determined to be substandard by the proper administrative official of the City of Edmundson under any applicable code of the City and the cost of placing the structure in condition to satisfy the standards under such code shall exceed fifty percent (50%) of the reconstruction cost of the entire structure, such non-conforming structure shall not be restored for the purpose of continuing a non-conforming use. However, none of the restrictions contained in this Section shall limit the authority of the Board of Adjustment to grant relief for reconstruction of a non-conforming structure as provided in Article X.
[CC 2001 §405.420; Ord. No. 856 §12.11(7), 6-11-1987]
There may be a change of tenancy, ownership or management of
an existing non-conforming use, building or structure, provided there
is no change in the nature or character, extent or intensity of such
non-conforming use, building or structure.
[CC 2001 §405.430; Ord. No. 856 §12.11(8), 6-11-1987]
To avoid undue hardships, nothing in this code shall be deemed
to require a change in plans, construction, or designated use of any
building on which actual construction was lawfully begun prior to
the effective date of adoption or amendment of this code and upon
which actual building construction has been carried on diligently.
Nothing herein contained shall require any change in the plans or
designated use of a building for which a building permit had been
heretofore issued, or plans or final subdivision plats which have
been approved by the Board of Aldermen at the time of the passage
of this code.
[CC 2001 §405.440; Ord. No. 856 §12.11(9), 6-11-1987]
Any use existing at the time of adoption of this code and which
is permitted as a conditional use in a district under the terms of
this code shall be deemed a conforming use in such district and shall
without further action be considered a conforming use.
[CC 2001 §405.450; Ord. No. 856 §12.11(10), 6-11-1987]
In any district in which single-family dwellings are permitted,
notwithstanding limitations imposed by other provisions of this code,
a single-family dwelling and customary accessory buildings or structures
may be erected on any single lot of record at the effective date of
adoption or amendment of this code. Such lot must be in separate ownership
and not of continuous frontage with other lots in the same ownership
as of the date of adoption of this code. 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, provided that
yard dimensions and other requirements, not involving area or width,
or both, of the lot shall conform to the regulations for the district
in which such lot is located. If two (2) or more lots or combinations
of lots and portions of lots with continuous frontage in single ownership
are of record at the time of passage or amendment of this code and
if all or part of the lots do not meet the requirements for lot width
and area as established by this code, the lands involved shall be
considered to be an undivided parcel for the purpose of this code,
and no portion of said parcel or lot shall be used or sold which does
not meet lot width and area requirements established by this code,
nor shall any division of the parcel or lot be made which leaves remaining
any parcel or lot with width or area below the requirements stated
in the code.
[CC 2001 §405.460; Ord. No. 856 §12.11(11), 6-11-1987]
A.
A non-conformity
shall not be deemed to have existed on the date this Zoning Code or
any amendment thereto became effective, unless:
B.
In
cases of doubt, and on specific questions raised, whether a non-conforming
use exists shall be a question of fact and shall be decided by the
Board of Aldermen after notice, a public hearing, and receipt of a
report and recommendation of the Planning and Zoning Commission.
[CC 2001 §405.470; Ord. No. 856 §12.11(12), 6-11-1987]
A use in violation of a provision of the code which this repeals
shall not be validated as a non-conforming use by this code.
[CC 2001 §405.480; Ord. No. 856 §12.11(13), 6-11-1987]
Where a non-conforming use exists and a conforming use is proposed,
the non-conforming use must cease upon initiation of the conforming
use. No joint use of either buildings, structures and/or land shall
be permitted.
[CC 2001 §405.490; Ord. No. 856 §12.11(14), 6-11-1987]
The existence of any present non-conformity anywhere in the
City shall not itself be considered grounds for the issuance of a
variance for other property.
[CC 2001 §405.500; Ord. No. 856 §12.11(15), 6-11-1987]
A non-conforming use of land shall not be moved to another part
of a lot or outside the lot, and a non-conforming use of a structure
shall not be moved to any part of the structure not manifestly arranged
and designed for such use at the time the use became non-conforming
except that in the case of extraction of raw materials from the earth,
extraction operations and moving of related structures may occur on
any part of the tract owned or leased by the operator at the time
of becoming a non-conforming use.
[CC 2001 §405.510; Ord. No. 856 §12.11(16), 6-11-1987]
Within five (5) years of the date of the adoption of this code or the date of adoption of any applicable amendments to this code, any use which is or becomes a non-conforming use shall be brought into conformance with the zoning performance standards established in Article V, Environmental Performance Standard Regulations. The non-conforming use of open land for junk yards, storage (other than stockpiling of sand, gravel and rock as an accessory operation to the extraction of raw material from the earth), and non-conforming structures containing two hundred (200) square feet of ground floor space or less shall be discontinued within five (5) year of the date of their becoming non-conforming uses by the adoption of this code, amendments to this code, or previous Zoning Codes. Any use listed in this paragraph need not be discontinued in the event that the adoption of this code or amendments to this code changes the status of such use from that of a non-conforming use to that of a permitted use in the district in which it is located.
