Loading...
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions 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.
(A) Alterations. No such structure may be enlarged or altered in a way which increases its non- conformity.
(B) Destruction. Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter.
(C) Moving structure. 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.
(Prior Code, § 10-5-3) (Ord. 2009-3, passed 5-15-2009) Penalty, see § 153.999
If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) Moving or altering structure. No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be 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) Enlarging or extending. No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be extended or enlarged, except in changing the use of the structure to a use permitted in the district in which it is located, except any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of the adoption of this chapter, but no such use shall be extended to occupy any land outside such building.
(C) Non-conforming use superseded by permitted use. Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the non-conforming use may not thereafter be resumed.
(D) Discontinuance or abandonment. When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six months, 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) Removal to eliminate non-conforming status. Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non- conforming status of the land.
(Prior Code, § 10-5-4) (Ord. 2009-3, passed 5-15-2009) Penalty, see § 153.999
Where, at the effective date of adoption or amendment of this chapter, lawful uses of land exist that are no longer permissible under the terms of this chapter as enacted or amended, such uses may be continued, so long as they remain otherwise lawful, subject to the following provisions.
(A) No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(B) No such non-conforming 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 chapter.
(C) If any such non-conforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located; provided, however, that, upon application for and receipt of a permit from the town’s Clerk-Treasurer, the period of 30 days hereinbefore referred to may be extended to six months where necessary for the improvement or repair of the property, upon the approval of said permit by the Zoning Administrator.
(Prior Code, § 10-5-5) (Ord. 2009-3, passed 5-15-2009) Penalty, see § 153.999
Loading...