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MapLink™ | Procedures | 6.06. Nonconformities

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6.06. Nonconformities
A.    Types of Nonconformities
Nonconformities occur in three (3) categories, or combinations thereof:
1.   Nonconforming Lots,
2.   Nonconforming Structures, and/or
3.   Nonconforming Uses.

B.     Nonconforming Lots
1.   Existing Platted Lots are Conforming Lots
Any existing lot platted prior to the adoption of these Zoning Regulations, which was legally conforming, shall be deemed a conforming lot.
2.   Residential Lot Exemption
The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts, except that a lot having less area than required and that was an official "lot of record" prior to the adoption of these Zoning Regulations may be used for a single-family dwelling.

C.    Nonconforming Structures
1.   Expansion
A Nonconforming Structure with a conforming use may be increased by up to ten (10) percent from the date when the structure became nonconforming. The expansion must be conforming.
2.   Partial Destruction
If a Nonconforming Structure is damaged by sixty (60) percent or less of its appraised value as determined by the Appraisal District, then reconstruction may by authorized by the Zoning Board of Adjustment, but the square footage cannot be increased.
3.   Complete Destruction
If a Nonconforming Structure is destroyed or damaged by sixty-one (61) percent or more of its appraised value as determined by the Appraisal District, then the structure shall not be rebuilt except to conform to the provisions of these Zoning Regulations.

D.    Nonconforming Uses
1.   Expansion
a)   A Nonconforming Use located within a building may be extended throughout the existing building, provided:
i)         No structural alteration may be made on or in the building except those required by law to preserve such building in a structurally sound condition, and
ii)        The number of dwelling units or rooms in a residential Nonconforming Use shall not be increased from the time the use became nonconforming.
b)   A Nonconforming Use located outdoors may be extended throughout the existing lot, provided:
i)         The use does not extend beyond one lot, and
ii)        Any applicable screening requirements in 4.06.B. Screening are met.
2.   Discontinuance
If a Nonconforming Use ceases operation for more than six (6) months, then such Nonconforming Use shall be deemed to be permanently discontinued.
3.   Change in Use
A Nonconforming Use may only be changed to a conforming use.

E.     Discontinuance of Nonconforming Uses
1.   The Zoning Board of Adjustment may require the discontinuance of a Nonconforming Use or Nonconforming Structure under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity of all property to conform to these Zoning Regulations.
2.   All actions to discontinue a Nonconforming Use or Nonconforming Structure shall be taken with due regard to the property rights of the persons affected when considered in light of the public welfare and the character of the area surrounding the designated Nonconforming Use and the conservation and preservation of the property.
3.   The Zoning Board of Adjustment shall, from time to time on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation, or maintenance of any Nonconforming Use or Nonconforming Structure within the City.