[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
Any lawful use of land or structure, existing at the date of
passage of this UDC or subsequent amendments thereto, and located
in a zone in which it would not be permitted as a new use, building
or structure under the terms of this UDC, is declared to be a legal
non-conformance. It is the intent of this UDC to permit these non-conformances
to continue until terminated either by voluntary act or by catastrophic
event or as otherwise provided herein and to encourage their conversion
to conformance where possible.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Damage. The provisions of these regulations shall not apply
to the existing use of any buildings or land and shall not prevent
the restoration of a building damaged not more than seventy-five percent
(75%) of its fair market value by fire, explosion, act of God or the
public enemy or prevent the continuance of the use of such building
or part thereof as such use existed at the time of such damage within
twelve (12) months of such damage, excluding litigation concerning
such restoration, but shall apply to any alteration of a building
to provide for a change in such use of any building or land after
the effective date of these regulations.
B.
Expansion Or Structural Change. No such non-conforming use
of a building, structure or land or substantial improvement to a non-conforming
building, structure or land shall be expanded, changed, enlarged or
altered in a way which increases its non-conformity.
C.
Re-Establishment Of Use. Whenever a non-conforming use of
a building, structure or land has been changed to a conforming use,
such use shall not thereafter be changed to a non-conforming use.
D.
Discontinuance Of Use. A lawful non-conforming use of a
building, structure or land that has been voluntarily discontinued
for a period of six (6) consecutive calendar months shall not thereafter
be resumed.
E.
Ordinary Repair And Maintenance.
1.
Normal maintenance and incidental repair or replacement, installation
or relocation of non-bearing walls, non-bearing partitions, fixtures,
wiring or plumbing may be performed on any structure that is devoted
in whole or in part to a non-conforming use.
2.
Nothing in these regulations shall be deemed to prevent the strengthening
or restoring to a safe condition of a structure in accordance with
an order of a public official who is charged with protecting the public
safety and who declares such structure to be unsafe and orders its
restoration to a safe condition provided that such restoration will
not be in violation of this Section.
F.
Residential Use In Non-Residential District. Any structure
which is devoted to a residential use and which is located in a business
or industrial district may be structurally altered, extended, expanded
and enlarged and may be restored if destroyed or damaged by fire,
explosion, wind, flooding or other natural disaster, provided however,
that after any such reconstruction, such structure shall not be used
to accommodate a greater number of dwelling units than such structure
accommodated prior to any such work unless specifically permitted
by the district.
G.
Reconstruct By Conditional Use. Non-conforming, non-residential
structures and uses that existed on the day prior to the effective
date of these regulations may apply on a one-time basis only to the
Board of Aldermen for a conditional use permit to reconstruct, structurally
alter or enlarge after damage or destruction or structurally alter,
enlarge or make extensions to structures or uses including the use
of additional land when properly zoned for the use, so long as in
the opinion of the Board of Aldermen under stated conditions that
the effect upon adjacent areas is protected to the extent possible
and the public interest served.
H.
Recorded Plat Prior To UDC Adoption. A non-conforming recorded
lot is a tract of land designated on a duly recorded subdivision plat;
or by a duly recorded deed which indicates the establishment of the
parcel prior to the adoption of the Kearney Unified Development Code
(or previous subdivision regulations); or by other lawful means; which
has less than the minimum lot area, width or other dimension prescribed
for the particular zone in which it is located and which met the lot
area, width and other dimensions for the zone in which it was located
at the time of such recording, but was made non-conforming by a subsequent
amendment to this UDC.
1.
A non-conforming lot may be used for a single-family dwelling in
any district zoned to permit a residence use provided that the following
conditions are met:
a.
The bulk of the proposed use would not exceed seventy percent (70%)
than required in the zoning district in which the lot is located.
b.
The rear yard shall not be less than seventy percent (70%) of
the required in the zoning district in which the lot is located.
[Ord. No. 1268-2014 §1, 10-20-2014]
c.
The front yard shall not be less than (1) seventy percent (70%) of
the required front yard in the district in which the lot is located;
or (2) the average existing setback of all other principal structures
on the block, whichever is greater.
d.
The "yard abutting street" shall not be less than (1) seventy percent
(70%) of the required yard of the district in which the lot is located;
or (2) the average existing setback of all other principal structures
on the block of the abutting street, whichever is greater.
e.
The side yards shall not be less than seventy percent (70%) of the
required yard of the district in which the lot is located.
f.
The lot width shall not be less than seventy percent (70%) of the
required yard of the district in which the lot is located.
g.
The lot area shall not be less than seventy percent (70%) of the
required yard of the district in which the lot is located.
