(a)
Within
the Districts established by this Ordinance or amendments that may
later be adopted, there exists lots, structures, and uses of land
and structure which are 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 nonconformities to continue until
they are removed, but no [not] to encourage their survival. Such uses
are declared by this Ordinance to be incompatible with permitted uses
in the Districts involved. It is further the intent of this Ordinance
that nonconformities shall not be enlarged upon, expanded or extended,
not be used as grounds for adding other structures or uses prohibited
elsewhere in the same District. A nonconforming use of a structure
and land shall not be extended or enlarged after passage of this Ordinance.
(b)
The
following uses now in existence and not in a strict conformity with
the provisions of the district in which it is located and hereby prohibited
and such uses now in existence in the City of Nolanville, shall be
altered, replaced, or removed to conform to the provisions of this
Ordinance on or before the date shown in the following schedule:
(Ordinance 6051-12 adopted 5/17/12)
In any District in which a lot exists of record at the effective
date or adoption or amendment of this Ordinance which does not conform
in size or area to the provisions of this Ordinance, buildings for
the use permitted in such Districts may be erected on such a lot,
notwithstanding limitations imposed by other provisions of this Ordinance,
provided that such a lot is in separated [separate] ownership and
not of continuous frontage with other lots in the same ownership.
(Ordinance 6051-12 adopted 5/17/12)
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 restriction on area, lot coverage,
height, yards, or other characteristics of the structure or its location
on the lot, such structure may be continued so long as it remains
otherwise lawful, subject to the following provisions:
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No such structure may be enlarged or altered in a way which
increases its nonconformity.
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Should such structure be destroyed by any means to an extent
of more than fifty percent (50%) of its replacement cost at time of
destruction, it shall not be reconstructed except in conformity with
the provisions of this Ordinance.
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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.
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(Ordinance 6051-12 adopted 5/17/12)
If a lawful use of a structure, or of structure and premises
in a combination, exists at the effective date of adoption or amendment
of this Ordinance that would not be allowed in the District under
the terms of this Ordinance, that lawful use may be continued so long
as it remains otherwise lawful, subject to the following provisions:
(a)
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 District in which it
is located.
(b)
Any
nonconforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use at the time
of adoption or amendment of this Ordinance, but no such use shall
be extended to occupy any land outside such building.
(c)
Any
structure, or structure and land in combination, in or on which a
nonconforming use is superseded by a permitted use shall thereafter
conform to the regulations for the District in which such structure
is located, and the nonconforming use may not hereafter be resumed.
(d)
When
a nonconforming use of a structure, or structure and premises in combination,
is discontinued for six (6) consecutive months there is a rebuttable
presumption the owner intended to abandon the nonconforming use, and
the structure or structure and premises in combination, shall not
thereafter be used except in conformance with the regulations of the
District in which it is located.
(e)
Where
nonconforming use status applies to a structure and premises in combination,
removal or destruction of the structure shall eliminate the nonconforming
status of the land.
(Ordinance 6051-12 adopted 5/17/12)
Where, at the effective date of adoption or amendment of this
Ordinance, lawful uses of land exist that are no longer permissible
under the terms of this Ordinance as enacted or amended, such uses
may be continued so long as they remain otherwise lawful, subject
to the following provisions:
(a)
No such
nonconforming use shall be moved in whole or in part to any other
portion of the lot or parcel occupied by such use at the effective
date of adoption or amendment of this Ordinance.
(b)
No such
nonconforming use shall be enlarged or increased to extend to occupy
a greater area of land than was occupied at the effective date of
adoption or amendment of this Ordinance.
(c)
If any
such nonconforming use of land ceases for any reason for a period
of more than thirty (30) days there shall be a rebuttable presumption
the owner intends to abandon the nonconforming use, and any subsequent
use of such land shall conform to the regulations specified by this
Ordinance for the District in which such land is located.
(Ordinance 6051-12 adopted 5/17/12)
A nonconforming use of structure, or of a structure and land
in combination, shall not be changed unless changed to a use permitted
in the District in which located; except that the Zoning Board of
Adjustment may permit a change to a more restricted nonconforming
use and such change shall be construed as an abandonment of the former
permitted nonconforming use.
(Ordinance 6051-12 adopted 5/17/12)
When zoning request has been disapproved by the City Council,
the same request shall not be resubmitted for a period of one hundred
eighty (180) days after disapproval by the City Council. Upon disapproval
of a second identical request, the same request shall not be resubmitted
for a period of twelve (12) months from the date of the last disapproval.
Each, subsequent disapproval of the identical request will result
in a new delay of twelve (12) months. The provisions of this section
will be inactive when transfer of title to a new owner is recorded.
(Ordinance 6051-12 adopted 5/17/12)
(a)
Public
notifications of meetings on rezoning requests will be made in accordance
with State regulations.
(b)
In addition
to “(a)” above, the following notifications will be made
using available ownership records and addresses. Lack of proper address
or unavailability of owner which prevents timely notification will
not act to bar or delay action on rezoning request.
(1)
For
request to rezone to “R-2” or “R-TH” Districts,
owners of “R-1S”, “R-1”, or “R-DT”
zoned property within two hundred (200) feet will be notified.
(2)
For
request to rezone to “R-3” from any “R” District,
owners of “R” zoned property within three hundred (300)
feet will be notified.
(3)
For
requests to rezone to “B-1”, “B-2”, or “B-3”
from any “R” District, owners of “R” zoned
property within four hundred (400) feet will be notified.
(4)
For
requests to rezone to “B-4”, owners of property within
six hundred (600) feet will be notified.
(5)
For
requests to rezone to any “M” Districts, owners of property
within six hundred (600) feet will be notified.
(c)
The
additional cost of notifications beyond two hundred (200) feet will
be paid by the owner of the property to be rezoned or his representative
prior to action being taken by the Planning and Zoning Commission,
the cost will be computed according to the Fee Schedule and as cost
of postage plus one dollar ($1.00) per owner to be notified.
(Ordinance 6051-12 adopted 5/17/12)
Whenever a single business activity, zoned as any nonresidential
District exists within any residential district, has been abandoned
or terminated by the owner or operator, or has been inactive as a
business for a period of three hundred and sixty (360) consecutive
days, the City Council may with prior notification to the owner of
the property, review the nonresidential District zoning, and if appropriate,
rezone the property to a compatible residential District.
(Ordinance 6051-12 adopted 5/17/12)
(a)
No vacant
land shall be occupied or used except for agricultural uses, until
a Certificate of Occupancy shall have been issued by the Building
Inspector.
(b)
No premises
shall be used and no building hereafter erected or structurally altered
shall be used, occupied, or changed in use, until a Certificate of
Occupancy and compliance shall have been issued by the Building Laws
and the provisions of these regulations.
(c)
Certificates
of Occupancy and compliance shall be applied for coincident with the
application for a building permit and shall be issued within ten (10)
days after the erection of structural alterations of such buildings
shall have been competed in conformity with the provisions of these
regulations. A record of all certificates shall be kept on file in
the office of the City Secretary.
(d)
No permit
for excavation for any building shall be issued before application
has been made for Certificate of Occupancy and compliance.
(e)
A Certificate
of Occupancy shall be required of all nonconforming uses. Application
for a certificate of occupancy for nonconforming uses shall be filed
within twelve (12) months from the effective date of this Ordinance,
with the City Secretary.
(Ordinance 6051-12 adopted 5/17/12)
