- Nonconformities.

1.

General. Any lawful use of land or a building existing at the date of passage of this ordinance and located in a district in which it is not permitted under this ordinance, is hereby declared a nonconforming use, and not in violation of these regulations provided. However, such nonconforming use shall be subject to the regulations in this article. It is the intent of the City of Palestine to discontinue nonconforming uses.

2.

[ Nonconforming status. ] Nonconforming status shall exist under the following provisions:

a.

When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the effective date of this ordinance, and has been operating since without discontinuance.

b.

When on the effective date of this ordinance, the use or structure was in existence and lawfully constructed, located and operating in accordance with the provisions of the prior zoning ordinance or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which such use or structure is located.

c.

When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence at the time of annexation to the City of Palestine and has since been in regular and continuous use.

3.

Certificate of occupancy.

a.

The owner of a nonconforming building or use shall certify by affidavit to the planning and zoning commission that his building or use was made nonconforming by the passage of this ordinance.

b.

On acceptance of the affidavit the building inspector shall issue a certificate of occupancy for the nonconforming use or building. Such certificate shall designate the location, nature and extent of such nonconforming [use or building] and any additional data necessary for issuance of said certificate.

c.

If, upon review of the affidavit, any illegally established violation of previous or existing ordinances or codes is found, the building inspector shall not issue said certificate of occupancy and shall declare such use to be in violation of this ordinance and shall act accordingly.

d.

Any use not in conformance with this ordinance and on which no certificate of occupancy has been issued shall be presumed to be in violation of these zoning regulations and shall be treated accordingly.

4.

Change of nonconforming use.

a.

A nonconforming use may be changed to another similar nonconforming use where in the opinion of the board of adjustment such new use:

1.

Will not extend the life of a nonconforming use;

2.

Will reduce traffic, sound, odor, smoke, or number of employees;

3.

Will not include structural alteration or expansion;

4.

Will improve the character and value of surrounding property. Such change in use may be permitted only following formal application for change with the board of adjustment. Where proper findings are made, the board of adjustment may direct the building inspector to issue the necessary permits.

b.

Whenever a nonconforming use has been changed to a conforming use, it shall not revert to a nonconforming use.

c.

No nonconforming use may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this ordinance.

5.

Restoration of nonconforming buildings.

a.

Nonconforming buildings may be restored only if destruction caused by fire, explosion, or act of God is 50 percent or less of its structural valuation prior to such destruction. (The determination of such reduced structural valuation shall be made by an appraiser appointed by the city).

b.

Except as provided by paragraph c. of this subsection, any building whose destruction exceeds ten percent but less than 50 percent of its prior structural valuation must apply for a building permit for reconstruction within six months and commence reconstruction within 12 months of the date of the described destruction. At time of reconstruction, existing off-street and loading requirements for that particular use shall be complied with.

c.

A nonconforming residential use may be restored only if destruction caused by fire, explosion, or act of God is 75 percent or less of its structural valuation prior to such destruction.

6.

Discontinuance or abandonment of nonconforming use. Any nonconforming use of land or building which has ceased by discontinuance or abandonment for a period of six months shall thereafter conform to the provisions of this ordinance. Nonconforming uses of land or buildings shall not be expanded.

7.

Property platted prior to 1987.

a.

Property platted prior to 1987 without established building lines shall conform to the following building set back requirements from property lines.

1.

Residential:

Front yard: Twenty-five feet.

Side yard interior lot line: Meet current zoning setback.

Side yard street side: Ten feet.

Rear yard: Fifteen feet.

2.

Nonresidential: Nonresidential building set backs for lots platted prior to 1987 shall be subject to the setbacks as required in section 4.7 of this ordinance and/or section 40-137.

8.

Notwithstanding the provisions of subsection 16.9(4)(b) or subsection 16.9(6), a structure in a non-residential zone originally constructed as a residence may be used as a residence, and such use is a permitted nonconforming use even though the residential use has not been continuous.

a.

A nonconforming residential structure may be expanded subject to the setback requirements to the zone in which it is located.

b.

Existing and new accessory structures are permitted in conjunction with a nonconforming residential use subject to the standards as found in appendix A, zoning, article 5. single-family general requirements, section 5.1. accessory structures.

9.

For the purposes of this section, a "duplex" is a dwelling, single-family attached structure that contains no more than two residential units. A duplex constructed prior to 1987 on a single tract in a single-family residential district is not a non-conforming use, but is instead a legal permissible use.

(Ord. No. O-8-98, § I, 2-23-98; Ord. No. O-42-07, § IV, 9-24-2007; Ord. No. O-53-07, § I, 11-26-2007; Ord. No. O-04-12, §§ I, II, 1-9-2012; Ord. No. O-33-12, § I, 8-13-2012; Ord. No. O-23-13, § I, 4-22-2013)