17.08.100 Nonconforming development | South Prairie Municipal Code

17.08.100 Nonconforming development.

A. Purpose. The intent and purpose of this section is to:

1. Ensure reasonable opportunity for use of legally created lots, which do not meet current minimum requirements for the district in which they are located.

2. Ensure reasonable opportunity for use, maintenance and improvement of legally constructed buildings, structures and site development features, which do not comply with current minimum requirements for the district in which they are located.

3. Ensure reasonable opportunity for continuation of legally established uses, which do not conform to use regulations for the district in which they are located.

4. Encourage the eventual replacement of nonconforming uses having potentially undesirable impacts on conforming uses.

5. Encourage the eventual upgrading of nonconforming buildings, structures and site development features, which do not comply with current minimum requirements for the district in which they are located.

B. Applicability. The law and this title do not favor nonconforming uses, structures, lots or signs, and it is to avoid injustice that this title accepts such elements. To benefit from the protection given to nonconforming development, such use, structure, lot or sign must have been lawfully established pursuant to a county resolution in effect at the time of annexation, which rendered it nonconforming. This section distinguishes among and defines nonconforming uses, major nonconforming buildings and structures, minor nonconforming buildings and structures, nonconforming lots of record and nonconforming signs. Different requirements are made applicable to each of these categories. The degree of restriction made applicable to each separate category is dependent upon the degree to which that category on nonconformance is a nuisance or incompatible with the purpose and requirements of this title.

1. Applicability of Restrictions. Regulations applicable to nonconforming uses are in addition to regulations applicable to nonconforming structures, lots and signs, and in the event of any conflict the most restrictive provisions shall apply.

2. Expansion of Nonconforming Uses. No existing building, structure or land devoted to a nonconforming use shall be expanded, enlarged, extended, reconstructed, intensified or structurally altered unless the use thereof is changed to a use permitted in the district in which such building, structure or land is located except as follows: When authorized by conditional use permit, a nonconforming use may be expanded, enlarged, extended, reconstructed, intensified or structurally altered on land under the same ownership.

3. Extension of Nonconforming Use. When authorized by the town council, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use of such building became nonconforming, if no structural alterations except those required by law are made therein.

4. Discontinuance of Nonconforming Use. When a nonconforming use of land or a nonconforming use of all or part of a structure is discontinued or abandoned for a period of six months, such use shall not be resumed, notwithstanding any reserved intent not to abandon such use. Normal seasonal cessation of use, or temporary discontinuance for purposes of maintenance or improvements, shall not be included in determination of the six-month period of discontinuance.

5. Reversion to Nonconforming Use. If a nonconforming use is changed to a permitted use, the nonconforming use shall not be resumed.

6. Residential Exception to Nonconforming Use Status. Legally established residential uses located in any residential zoning district and in existence as of July 1, 1999, shall not be deemed nonconforming in terms of density provisions and shall be a legal use.

1. Applicability of Restrictions. Regulations applicable to nonconforming structures are in addition to regulations applicable to nonconforming uses, lots and signs, and in the event of any conflict the most restrictive provisions shall apply.

2. Major Nonconforming Buildings and Structures. No major nonconforming structure may be expanded, enlarged, extended, reconstructed or structurally altered or changed, nor may any major nonconforming building, structure or lot be occupied after discontinuance of change in use, unless the structure, use and associated grounds and development are brought into compliance with use and minimum development standards of the district in which such structure is located, except as follows:

a. Any major nonconforming structure damaged by fire, flood, explosion, wind, earthquake, war, riot or other natural disaster, and where cost of restoration exceeds 50 percent of the fair market value of the structure at the time of damage, shall not be restored or reconstructed and used as before such happening; however, where cost of restoration does not exceed 50 percent of the fair market value of the structure at the time of damage, the structure may be restored, reconstructed and used as before; provided, that the work be completed within one year of such happening.

b. Such repairs and maintenance work as required to keep the structure in sound condition may be made to a major nonconforming structure, provided no such structural alterations shall be made except such as are required by law or ordinance or authorized by the town planner.

3. Minor Nonconforming Buildings and Structures. No minor nonconforming structure may be expanded, enlarged, extended, reconstructed or otherwise structurally altered or changed, nor may any minor nonconforming building, structure or lot be occupied after discontinuance or change in use, unless the structure and associated grounds and development are brought into compliance with the minimum development standards of the district in which such structure is located, except as follows:

a. Any minor nonconforming structure damaged by fire, flood, explosion, wind, earthquake, war, riot or other natural disaster, and where the cost of restoration exceeds 50 percent of the fair market value of the structure at the time of damage, shall not be restored or reconstructed and used as before such happening; however, where the cost of restoration does not exceed 50 percent of the fair market value of the structure at the time of damage, it may be restored, reconstructed and used as before; provided, that it be completed within one year of such happening.

b. Such repairs and maintenance work as required to keep the structure in sound condition may be made to a minor nonconforming structure, provided no such structural alterations shall be made except such as are required by law or ordinance or authorized by the building inspector.

1. Applicability of Restrictions. Regulations applicable to nonconforming lots are in addition to the regulations applicable to nonconforming uses, structures and signs, and, in the event of conflict, the most restrictive provisions shall apply.

i. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record as of September 29, 1999, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width that are generally applicable in the district; provided, that yard dimensions and requirements other than those applying to area or width of the lot shall conform to the regulations for the district in which such lot is located.

ii. In all single-family zoning districts if two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record prior to September 29, 1999, and if all or part of the lots do not meet the minimum requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title.

b. Other Districts. In any other district, permitted building and structures may be constructed on a nonconforming lot of record, provided site coverage, yard, landscaping and off-street parking requirements are met. The town council must also approve nonconforming uses. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership prior to July 1, 1999, and if all or part of the lots do not meet the minimum requirements established for lot width and area the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title.

1. Applicability of Restrictions. Regulations applicable to nonconforming signs are in addition to regulations applicable to nonconforming uses, structures and lots, and in the event of conflict the most restrictive provisions shall apply.

a. Signs that legally existed as of September 29, 1999, that do not conform to the regulations of this title shall be considered nonconforming signs. Nonconforming signs may not be moved, relocated, altered or added to without receiving approval from the town council.

b. No sign permit shall be issued to allow legal signs on property having an illegal or nonconforming sign until such time as the nonconforming or illegal sign is modified to conform to this title.

a. Abandoned Signs. Abandoned signs must be removed within 90 days. [Ord. 378 § 2 (Exh. 1), 1999.]