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Article 12-Nonconformance UsesARTICLE 12: NONCONFORMANCE USES SECTION 1201 INTENT Within the zoning districts established by this Ordinance or amendments that may be adopted later, there exists (1) lots, (2) structures, (3) uses of land and structures, and (4) characteristics of use which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendment, it is the intent of this Ordinance to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Non-conforming uses are declared by this Ordinance to be incompatible with permitted uses in the zoning districts involved. A non-conforming use of structure, a non-conforming use of land, or a non-conforming use of structure and land in combination shall not be extended or enlarged after passage of this Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature which would be prohibited generally in the zoning district involved. To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the 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 Ordinance and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently. SECTION 1202 NON-CONFORMING LOTS OF RECORD In any zoning district in which single-family structures are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Ordinance, notwithstanding limitations imposed by other provisions of this Ordinance. 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 or both that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot, shall conform to the zoning regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the City Board of Zoning Adjustment. 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 Ordinance, and if all or part of the lots do not meet the requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purpose of this Ordinance and no portion of said parcel City of Blair Zoning Regulations Article 12, page 1 shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this Ordinance. SECTION 1203 NON-CONFORMING USES OF LAND WITH MINOR STRUCTURES ONLY Where, at the time of passage of this Ordinance, lawful use of land exists which would not be permitted by the zoning regulations imposed by this Ordinance, and where such use involved no individual structure with a replacement cost exceeding one thousand dollars ($1,000), the use may be continued so long as it remains otherwise lawful, provided: 1. If any such non-conforming use of land ceases for any reason for a period of more than one (1) year, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the zoning district in which such land is located. 2. No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such non-conforming use of land. 3. Provided, however, that no such non-conforming use shall be allowed to continue longer than for a period of five (5) years from the date of passage of this Ordinance. At the end of said five (5) year period, such non-conforming use of land or land with minor structures shall be terminated. Provided, however, all non-conforming signs, billboards, and junk yards shall be terminated, or otherwise made to conform to the provisions of this Ordinance within two (2) years from the date of passage of this Ordinance. 4. No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Ordinance. 5. No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance. SECTION 1204 NON-CONFORMING STRUCTURES Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity. City of Blair Zoning Regulations Article 12, page 2 2. Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with provisions of this Ordinance. 3. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. 4. Provided, however, that except for single-family and multi-family dwellings and their accessory uses, no non-conforming structure shall be allowed to continue longer than for a reasonable amortization period of the non-conforming structure. For the purposes of this section, a reasonable amortization period shall be defined as a period of thirty (30) years from the date of adoption of this Ordinance. Following the conclusion of the amortization period, such non-conforming structure shall be removed or brought into conformance. 5. Provided, however, that no non-conforming mobile home structure which is not placed on a permanent foundation at the effective date of adoption or amendment of this Ordinance shall be allowed to continue longer than for a reasonable amortization period of the non-conforming structure. No mobile non-conforming home structure which occupies a lot upon which there exists another principal structure shall be allowed to continue longer than for a reasonable amortization period of the non-conforming structure. For the purpose of this section, a reasonable amortization of ten (10) years from the date of adoption of this Ordinance. Following the conclusion of the otherwise lawful period, it is provided: a. If any such non-conforming use of land ceases for any reason for a period of more than one amortization period, such non-conforming structure shall be removed or otherwise brought into conformance. SECTION 1205 NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION If lawful use involving individual structures with a replacement cost of one thousand dollars ($1,000), or more, or of structures and premises in combination, exists at the effective date of adoption or amendment of this Ordinance, that would not be allowed in the zoning districts under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the zoning district in which the structure is located, except upon the approval of a conditional use permit. The conditional use permit may include but not be limited to requirements for additional landscaping, screening, parking, etc. . 2. Any non-conforming use may be extended throughout any parts of a building or area which were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, City of Blair Zoning Regulations Article 12, page 3 but no such use shall be extended to occupy any land outside such building or area, except upon the approval of a conditional use permit. The conditional use permit may include but not be limited to requirements for additional landscaping, screening, parking, etc. 3. If no structural alterations are made, any non-conforming use of a structure, or structure and premises, may as an exception, be changed to another non-conforming use upon the approval of a conditional use permit. It shall be the burden of the applicant to prove the proposed use is equally appropriate for the zoning district as the existing non-conforming use. Further, the City Planning Commission or the City Council may require appropriate conditions and safeguards in accord with the provisions of the Ordinance. 4. Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zoning district and the non-conforming use may not thereafter be resumed. 5. When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for twelve (12) consecutive months except when government action impedes access to the premises, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the zoning district in which it is located. 6. Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of the replacement cost at time of destruction. 7. Provided, however, no such non-conforming use of a structure or structure and premises in combination shall be allowed to continue longer than for a period of thirty (30) years from the date of passage of this Ordinance or at the end of said thirty (30) year period, such non-conforming use of a structure and premises in combination shall be terminated. SECTION 1206 REPAIRS AND MAINTENANCE On any non-conforming structure or portion of a structure containing a non-conforming use, work may be done if any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding twenty-five (25) percent of the current replacement cost of the non-conforming structure or non-conforming portion of the structure as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased. If a non-conforming structure or portion of a structure containing a non-conforming 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 district in which it is located. City of Blair Zoning Regulations Article 12, page 4 SECTION 1207 USES UNDER EXCEPTIONS, PROVISIONS NOT NON-CONFORMING USES Any use which is permitted as a conditional use or exception in a zoning district under the terms of this Ordinance, shall not be deemed a non-conforming use in such zoning district, but shall, without action, be considered a conforming use. SECTION 1208 NON-CONFORMING USES, LIMITED EXTENSION OF NONPERMANENT NATURES. Notwithstanding any other provisions of Article 12, the City Council may by a nonconforming use permit, after public hearing and referral to a recommendation from the Planning Commission, authorize and permit an extension of a nonconforming use where the following conditions and criteria are met. 1. Such extension must be temporary in nature and may be removed or discontinued without any alteration of the premises, and that no permanent improvements are made to or placed on the premises except as are allowable as a permitted use within the existing district designation. 2. No structure as defined by the municipal building code may be constructed except as is allowable as a permitted use within the existing district designation. 3. Any such temporary extension shall be on the same terms and conditions as the nonconforming uses. Any temporary extension permit shall terminate at the earlier of the termination of the original nonconforming use or a time period specified in the terms of the permit. The applicants shall enter into a written agreement acknowledging all conditions and terms of the permit. The agreement shall be binding upon the heirs, personal representatives, successors, grantees, and assigns of the applicant. 4. The City Council may also subject such extension to any and all other conditions as may be necessary considering the location and characteristics of the use and shall not grant such extension if it is detrimental to the health, safety, morals, and general welfare of the area. 5. The extension of the nonconforming use shall be for no other use other than as the original nonconforming use. 6. All other conditions and requirements of the current zoning regulations must be complied with and met in their entirety. 7. The use may not be extended to lands or premises outside of the boundary of the tract which existed for the nonconforming use at the time such use became nonconforming. City of Blair Zoning Regulations Article 12, page 5 SECTION 1208.01 APPLICATION REQUIREMENT. A request for such nonconforming use permit may be initiated by the property owner or his attorney by filing an application with the City Administrator upon forms prescribed for the purpose. The application and procedure for hearing same shall be the same as set forth under Article 16 of the Zoning Regulations. The application shall pay and the application must be accompanied by a non-refundable application fee. Said fee shall be set and determined from time to time as deemed necessary by the Mayor and City Council by resolution, and shall be appended to the Municipal Code as part of an appendix for permit, license, and application fees. (END OF SECTION) City of Blair Zoning Regulations Article 12, page 6