Zoneomics Logo
search icon

Alma City Zoning Code

§ 22

Nonconforming uses.

A. 
Intent.
Within the districts established by this ordinance, or amendments that may later be adopted, there exist lots and uses of lands, buildings and structures, uses of land and buildings in combination, and characteristics of use which were lawful before this ordinance was passed and amended, but which would be prohibited, regulated or restricted under the terms of this ordinance or future amendments. It is the intent of this ordinance to permit these nonconformities to continue until they are removed. It is further the intent of this Ordinance that nonconforming uses shall not be enlarged upon, added, expanded or extended, and shall not be used as grounds for adding other structures or uses prohibited elsewhere in the same district. The prohibition of the expansion, addition, enlargement or extension of nonconforming uses above shall also apply to all signage attached to structures or freestanding on the premises intended to be visible from off the premises. To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
B. 
Nonconforming lots of record.
In any district in which residential, commercial, or industrial buildings are permitted, buildings may be erected on any single lot of record, or multiple lots of contiguous street frontage in the same ownership, which were recorded prior to the effective date of this ordinance. This provision shall apply even such lot or lots fail to meet the minimum requirements for area, width, or both, as governed by Section 19; however, all other provisions of Section 19 shall apply. Any required variances shall be obtained only through the Zoning Board of Adjustment.
(1) 
Conformance when.
The lawful use of a building or land existing at the date of enactment of this ordinance, although such does not conform to the provisions hereof, may be continued, but if nonconforming use is discontinued for a period of six (6) consecutive calendar months, it shall not thereafter be resumed and any future use of such building or land shall be in conformity with the provisions hereof.
The use of land, if changed from a nonconforming use, shall be in conformity with the provisions hereof.
(2) 
Board approved use conforms.
Any use that is permitted in a district only upon action of the Board of Adjustments shall, upon its establishment, be considered a conforming use in that district, provided that this regulation shall not be so interpreted as to waive any conditions of a conditional permit for such use.
(Ordinance 2021-5-1 adopted 5/25/21)