Clark County Unincorporated
City Zoning Code
City Zoning Code
NONCONFORMING STRUCTURES
AND USES
§ 155.050 NONCONFORMING STRUCTURES.
Nonconforming structures may remain subject to the following regulations.
(A) Alterations. A nonconforming structure shall not be enlarged, replaced, or structurally altered except in conformance with the zoning order. Any structure, however, may be restored to a safe condition if declared unsafe by the Enforcement Officer or other public official with jurisdiction.
(B) Construction. Proposed structures for which building and/or zoning permits have been issued prior to their designation as nonconforming by virtue of the adoption or amendment of the zoning order may be completed as originally intended and as indicated on said permits, provided that such structures are completed within one year after the date on which the building permit was issued.
(Prior Code, § 4.1) (Ord. 30-83, passed 1-11-1984)
§ 155.051 NONCONFORMING USES.
Nonconforming uses may be continued subject to the following regulations.
(A) Extension. A nonconforming use shall not be extended beyond the scope and area of its operation at the time of the adoption of the regulation which makes such use nonconforming.
(B) Discontinuance. Whenever a nonconforming use of any structure or premises has been discontinued for a period of 12 months, except when government action or structural damage prevents such use, said structure or premises must thereafter be used in conformance with the zoning order.
(C) Change. The nonconforming use of premises may be changed to another nonconforming use, provided such new nonconforming use is permitted within the same or a more restrictive zoning district.
(D) Restoration. Whenever the nonconforming use of any structure or premises is halted because of the damage, destruction, or demolition of the structure by any means, the structure involved may be reconstructed or repaired in conformance with the zoning order and the nonconforming use resumed, provided that such nonconforming use is not extended beyond the scope and area of its operation as it existed prior to such damage, destruction, or demolition.
(Prior Code, § 4.2)
§ 155.052 NONCONFORMING LOTS.
(A) In any case where a lot of official record or a lot which has received final plat approval by the Planning Commission, at the date of the adoption or amendment of this chapter, does not conform to the width, depth, or area requirements of this chapter with respect to such lots, it shall be considered a legal nonconforming lot.
(B) Any such lot which has received preliminary plat approval by the Planning Commission shall be reviewed by the Planning Commission and may be considered a legal nonconforming lot if it is found that such lot may reasonably be used as a building site for any structure or use permitted within the zoning district involved without requiring a dimensional variance.
(C) Any subdivision or tract of land which has been previously rezoned to a residential classification may be developed in accordance with the lot area requirements for said zoning district rather than the area requirements contained in this chapter, provided that all requirements of the subdivision regulations are observed.
(Prior Code, § 4.3)
§ 155.053 REPAIRS AND MAINTENANCE.
On any nonconforming structure or portion of structure, and on any structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring, or plumbing, or other parts, provided that the cubic content of the nonconforming structure or portion shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening, repairing, or restoring to a safe condition of any structure or part thereof.
(Prior Code, § 4.4)