Chapter 18.85
NONCONFORMING USES
Sections:
18.85.020 Nonconforming use of land.
18.85.030 Nonconforming use of structures.
18.85.040 Nonconforming structures.
18.85.050 Nonconforming lots of record.
18.85.060 Nonconforming status exemption.
18.85.070 Repairs and maintenance.
18.85.080 Certification of nonconforming uses.
18.85.090 Moratorium on applied regulations.
18.85.010 General intent.
Within the districts established by this title, or amendments that may later be adopted, there exist lots, structures, buildings, and uses of land which were lawful before the ordinance codified in this title was passed or amended, but which would be prohibited, regulated or restricted under the terms of this title or future amendments.
A. It is the intent of this title to permit these nonconformities to continue until they are removed or abandoned, but not to encourage their survival. It is further the intent of this title that nonconformities 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.
B. To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building on which construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance codified in this title and upon which substantial improvements have been made.
C. Any use in existence at the time of adoption of the ordinance codified in this title which was not an authorized “nonconforming use” under the previous zoning ordinance shall not be authorized to continue as a nonconforming use pursuant to this title, or amendments thereto. [Ord. 36 § 19(A), 1995. Code 2009 App. A, § 19(A).]
18.85.020 Nonconforming use of land.
The lawful use of land upon which no building or structure is erected or constructed which becomes nonconforming under the terms of the ordinance codified in this title as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of the parcel, or land, in question than was occupied at the effective date of adoption or amendment of the ordinance codified in this title.
B. If any such nonconforming use of land ceases for a period of more than one year, any subsequent use of such land shall conform to the district regulations for the district in which such land is located, unless an extension is granted by the Commission.
C. No such nonconforming use shall be moved in whole, or in part, to any other portion of the lot or parcel which was not occupied by such use at the effective date of adoption or amendment of the ordinance codified in this title. [Ord. 36 § 19(B), 1995. Code 2009 App. A, § 19(B).]
18.85.030 Nonconforming use of structures.
If a lawful use of a structure, or of a structure and land in combination, exists at the effective date of adoption or amendment of the ordinance codified in this title, that would not be allowed in the district under the terms of this title, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No existing structure devoted entirely or in part to a use not permitted by this title in the district in which it is located shall be enlarged, extended, reconstructed, or structurally altered, unless the use is changed to a use permitted in the district in which such structure is located.
B. Any nonconforming use of a structure 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 the ordinance codified in this title. No such use shall be extended to occupy any land outside such building.
C. If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of a similar nature within the same or a more restricted classification.
D. When a nonconforming use of a structure, building or premises (including mobile homes) is discontinued or abandoned for one year, the structure shall not thereafter be used except in conformance with the regulations of the district in which it is located, unless an extension is granted by the Commission. [Ord. 36 § 19(C), 1995. Code 2009 App. A, § 19(C).]
18.85.040 Nonconforming structures.
Where a nonconforming structure exists at the effective date of adoption or amendment of the ordinance codified in this title, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No such structure may be enlarged or altered in a way which increases its nonconformity.
B. Should such structures be destroyed by any means to an extent of 50 percent or more of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title. [Ord. 106, 2009; Ord. 36 § 19(D), 1995. Code 2009 App. A, § 19(D).]
18.85.050 Nonconforming lots of record.
In any district in which a single-family dwelling is permitted, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling and customary accessory buildings may be erected on a lot of record, herein defined, or multiple lots of record, provided the yard area and setback requirements are met. This provision shall apply even though such lot or lots fail to meet the requirements for area or width, or both, that are generally applicable in the district. However, the lot area requirements provided in BHCC 18.120.010(N) shall still apply. No portion of said lot or lots shall be used or sold in a manner that diminishes compliance or increases noncompliance with yard area and setback requirements, or causes a decrease in lot area. [Ord. 120, 2013; Ord. 36 § 19(E), 1995. Code 2009 App. A, § 19(E).]
18.85.060 Nonconforming status exemption.
The following exemptions shall apply to any use that would be deemed nonconforming by the provisions of this chapter, subject to the following provisions:
A. In an “A” agricultural district, existing dwellings, including mobile homes, that were lawful prior to the adoption of the ordinance codified in this title or amendments thereof that would be declared nonconforming. Such dwellings and customary accessory buildings shall qualify for an exemption which shall permit said use to be enlarged, extended, reconstructed, replaced, or structurally altered. All dwellings and structures located within an “E-S” environmentally sensitive overlay district shall conform to the applicable provisions of said overlay district.
B. Any use for which a special permit has been issued, without further action. [Ord. 36 § 19(F), 1995. Code 2009 App. A, § 19(F).]
18.85.070 Repairs and maintenance.
All nonconforming structures may be repaired for normal maintenance. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building declared to be unsafe by any official charged with protecting the public safety, upon order of such official. Said maintenance or restoring shall not be valued at 50 percent or more of the structure’s value prior to construction. [Ord. 106, 2009; Ord. 36 § 19(G), 1995. Code 2009 App. A, § 19(G).]
18.85.080 Certification of nonconforming uses.
All nonconforming uses and structures shall be recorded and identified in the official nonconforming use file maintained by the Zoning Administrator. The file shall include, but is not limited to, the property location and identification and the current use of the structure or land. Nonconforming uses not included may be subsequently added to the file when accompanied by an affidavit of proof that such nonconforming use was legally established prior to the effective date of the ordinance codified in this title. [Ord. 36 § 19(H), 1995. Code 2009 App. A, § 19(H).]
18.85.090 Moratorium on applied regulations.
All principal permitted and accessory uses which would be deemed nonconforming under the provisions of this title, but would have been permitted under the previous zoning district, as indicated upon the official Black Hawk County zoning maps, as amended, shall be permitted to be developed for a period of one year from the adoption date of the ordinance codified in this title. This provision shall not be construed to allow a lessening of standards, rules, regulations or restrictions contained herein. [Ord. 36 § 19(I), 1995. Code 2009 App. A, § 19(I).]