Any buildings, or land and its use existing at the effective date hereof may be continued although the use or structure does not conform with the provisions of this Title, provided the following conditions of this Chapter are met. (1998 Code)
11-16-2: ALTERATIONS:
A nonconforming building or structure may be altered, improved or reconstructed provided the work does not exceed in aggregate cost fifty percent (50%) of the replacement cost of the building or structure at the time the alteration is proposed to be made. (1998 Code)
11-16-3: EXTENSION:
A nonconforming use shall not be extended to any portion of a building or structure that was not previously subject to the nonconforming use. (1998 Code)
11-16-4: CHANGES:
A conditional use permit shall be required to allow a nonconforming building, structure or use to be changed to another nonconforming use. (1998 Code)
11-16-5: CONSTRUCTION APPROVED PRIOR TO ADOPTION:
Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently prosecuted and which entire building shall be completed according to the plans as filed within one year from the effective date hereof. (1998 Code)
11-16-6: RESTORATION:
Nothing in this Title shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by fire, collapse, explosion or acts of God subsequent to the effective date hereof, provided the expense of the work does not exceed fifty percent (50%) of the replacement cost of the building or structure at the time the damage occurred. (1998 Code)
11-16-7: WEAR AND TEAR:
Nothing in this Title shall prevent the normal maintenance of a nonconforming building, structure, or part thereof, including necessary nonstructural repairs and incidental alterations that do not extend or intensify the nonconforming uses provided that the cost of the work does not exceed fifty percent (50%) of the replacement cost of the building or structure at the time the work is done. Nothing in this Title shall prevent the placing of a structure in a safe condition after it has been declared unsafe by the Building Inspector of the City. (1998 Code)
11-16-8: ABANDONMENT:
A nonconforming use of a building or premises which has been abandoned shall not thereafter be a lawful nonconforming use. A nonconforming use shall be considered abandoned:
A. When the intent of the owner is to discontinue the use, if apparent, or six (6) months after the use is discontinued.
B. When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within six (6) months.
C. When it has been replaced by a conforming use.
D. When it has been changed to another use under permit from the City Council. (1998 Code)
11-16-9: DISPLACEMENT:
No nonconforming use shall be extended to displace a conforming use. (1998 Code)
11-16-10: UNLAWFUL USE NOT AUTHORIZED:
Nothing in this Title shall be interpreted as authority for, or approval of, the continuance of the use of a building or premises in violation of this Title. (1998 Code)
11-16-11: DISTRICT CHANGES:
Whenever the boundaries of a district are changed to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any use that becomes nonconforming thereby. (1998 Code)
11-16-12: EXISTING LOTS:
A lot or parcel of land in a residential district which was of record as a separate lot or parcel in the office of the County Recorder or Registrar of Titles, on or before the date of adoption hereof, may be used for single-family detached dwelling purposes provided the area and width thereof are within forty percent (40%) of the minimum requirements of this Title but not less than four thousand eight hundred (4,800) square feet. (1998 Code)
City Of Montevideo City Zoning Code
CHAPTER 16
NONCONFORMING USES AND STRUCTURES
11-16-1: SCOPE:
Any buildings, or land and its use existing at the effective date hereof may be continued although the use or structure does not conform with the provisions of this Title, provided the following conditions of this Chapter are met. (1998 Code)
11-16-2: ALTERATIONS:
A nonconforming building or structure may be altered, improved or reconstructed provided the work does not exceed in aggregate cost fifty percent (50%) of the replacement cost of the building or structure at the time the alteration is proposed to be made. (1998 Code)
11-16-3: EXTENSION:
A nonconforming use shall not be extended to any portion of a building or structure that was not previously subject to the nonconforming use. (1998 Code)
11-16-4: CHANGES:
A conditional use permit shall be required to allow a nonconforming building, structure or use to be changed to another nonconforming use. (1998 Code)
11-16-5: CONSTRUCTION APPROVED PRIOR TO ADOPTION:
Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently prosecuted and which entire building shall be completed according to the plans as filed within one year from the effective date hereof. (1998 Code)
11-16-6: RESTORATION:
Nothing in this Title shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by fire, collapse, explosion or acts of God subsequent to the effective date hereof, provided the expense of the work does not exceed fifty percent (50%) of the replacement cost of the building or structure at the time the damage occurred. (1998 Code)
11-16-7: WEAR AND TEAR:
Nothing in this Title shall prevent the normal maintenance of a nonconforming building, structure, or part thereof, including necessary nonstructural repairs and incidental alterations that do not extend or intensify the nonconforming uses provided that the cost of the work does not exceed fifty percent (50%) of the replacement cost of the building or structure at the time the work is done. Nothing in this Title shall prevent the placing of a structure in a safe condition after it has been declared unsafe by the Building Inspector of the City. (1998 Code)
11-16-8: ABANDONMENT:
A nonconforming use of a building or premises which has been abandoned shall not thereafter be a lawful nonconforming use. A nonconforming use shall be considered abandoned:
A. When the intent of the owner is to discontinue the use, if apparent, or six (6) months after the use is discontinued.
B. When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within six (6) months.
C. When it has been replaced by a conforming use.
D. When it has been changed to another use under permit from the City Council. (1998 Code)
11-16-9: DISPLACEMENT:
No nonconforming use shall be extended to displace a conforming use. (1998 Code)
11-16-10: UNLAWFUL USE NOT AUTHORIZED:
Nothing in this Title shall be interpreted as authority for, or approval of, the continuance of the use of a building or premises in violation of this Title. (1998 Code)
11-16-11: DISTRICT CHANGES:
Whenever the boundaries of a district are changed to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any use that becomes nonconforming thereby. (1998 Code)
11-16-12: EXISTING LOTS:
A lot or parcel of land in a residential district which was of record as a separate lot or parcel in the office of the County Recorder or Registrar of Titles, on or before the date of adoption hereof, may be used for single-family detached dwelling purposes provided the area and width thereof are within forty percent (40%) of the minimum requirements of this Title but not less than four thousand eight hundred (4,800) square feet. (1998 Code)