Hallsville Nonconformities ordinance (§ 400.570)

A. General Provisions Affecting Non-Conformities.

1. Nothing contained in this Article shall require any change in the plans, construction or designated use of a building for which the building footings are in place at the time of the passage of this Article.

2. It is the intent of this Article to permit these non-conformities to continue until they are removed (except as otherwise herein provided), but not to encourage their survival. Such non- conformities are declared by this Article to be incompatible with the permitted structures and uses of land and structures in the districts involved. It is further the intent of this Article that such non-conformities shall not be enlarged upon, expanded, or extended except as provided for herein, nor to be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

3. A non-conforming use of land, premises, or structure shall not be enlarged upon, expanded or extended after the effective date of this Article.

4. 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.

5. A non-conforming use or a non-conforming building or structure which is non-conforming only because of failure to provide required off-street parking spaces or loading berths shall have all the rights of a conforming use or structure.

B. Non-Conforming Uses Of Land. Where, on the effective date of adoption or amendment of this Article, a lawful use of land exists that is no longer permissible under the regulations and standards of this Article as adopted, or amended, such use may be continued so long as it remains otherwise lawful subject to the following provisions:

1. No such non-conforming use of land shall be enlarged, increased or extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this Article.

2. No such non-conforming use of land shall be moved in whole or in part to any other portion of the lot or tract of land occupied on the effective date of adoption or amendment of this Article.

3. If any such non-conforming use of land ceases for any reason for a period of more than thirty (30) consecutive days, any subsequent use of such land shall conform to the regulations and standards set by this Article for the district in which such land is located.

4. A non-conforming use of land shall not be changed to any other use except to a use permitted in the district in which the land is located.

C. Non-Conforming Structures. Where, on the effective date of adoption or amendment of this Article, a lawful structure exists that could not be built under the regulations and standards of this Article as adopted or amended, by reasons of restrictions on lot area, lot coverage floor area ratio, heights, yards, spacing between building, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains lawful, subject to the following provisions:

1. No such structure may be enlarged or altered in a way which increases its non-conformity. On a non-conforming structure work may be done in 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 to exceed ten percent (10%) of the then-current replacement value of the structure, provided that the volume of such building or the size of such structure as it existed at the effective date of adoption or amendment of this Article shall not be increased.

2. Should such structure be destroyed by any means to an extent of more than sixty percent (60%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Article.

3. Should any such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations and standards for the district in which it is located after it is moved.

D. Non-Conforming Uses Of Structures. Where, on the effective date of adoption or amendment of this Article, a lawful use of a structure, or a premises, exists that is no longer permissible under the regulations and standards of this Article as adopted or amended, such use may be continued so long as it remains otherwise lawful subject to the following provisions:

1. No existing building or structure devoted to a use not permitted by this Article in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or altered except in changing the use of such building or structure to a use permitted in the district in which it is located. On a structure devoted to a non-conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not to exceed ten percent (10%) of the then- current replacement value of the structure, provided that the volume of such building or the size of such structure as it existed at the effective date of adoption, or amendment, of this Article shall not be increased.

2. Any non-conforming use may be extended throughout any parts of the building or structure which were manifestly arranged or designed for such use at the effective date of adoption, or amendment, of this Article, but no such use shall be extended to occupy land outside of such building or structure.

3. If no structural alterations are made, any non-conforming use of a building or a structure, or of any premises, may be changed to another non-conforming use, provided that the Planning Commission, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriated or more appropriate to the district than the existing non- conforming use. In permitting such changes, the Planning Commission may require appropriate conditions and safeguards in accord with the provisions of this Article.

4. Any building or structure, or any premises, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations and standards of the district in which such building, structure, or premises is located, and the non-conforming use shall not be resumed.

5. When a non-conforming use of a building or structure, or of a premises, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three-year period, the building or structure, or the premises, may not thereafter be used except in conformance with the regulations and standards of the district in which it is located.

6. Where non-conforming use status applies to the use of a building, removal or destruction of the building or structure, shall eliminate the non-conforming use status. Any use of a new building or structure must be a use permitted in the district in which it is located. Destruction for this purpose is defined as damage to an extent of more than sixty percent (60%) of the replacement cost at the time of destruction.

E. Non-Conforming Uses Of Manufactured Homes. The lawful use of land existing at the time of the passage of this article, although such use does not conform to the provisions hereof may be continued, but if such non-conforming use is discontinued, any future use of such premises shall be in conformity with the provisions of this Article.