Clinton Village City Zoning Code
ARTICLE X
Nonconforming Uses
§ 260-29 Continuation of nonconforming buildings, structures and uses.
Any nonconforming use, building or structure that existed lawfully at the time of enactment of this chapter may be continued, subject to the regulations that follow in this article.
§ 260-30 Nonconforming use of land.
The nonconforming use of land shall not be enlarged or extended beyond the area of land occupied by such use. A nonconforming use of land may not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use. A nonconforming use of land shall not be changed to another nonconforming use. If a nonconforming use of land is discontinued for a period of 12 consecutive months, it shall not be renewed, and any subsequent use of the land shall conform to the regulations of the district in which the land is located.
§ 260-31 Nonconforming use of buildings.
A.
Additions. A nonconforming building shall not be added to or enlarged in any manner, unless such nonconforming building, and the use thereof, is made to conform to all the regulations of the district in which it is located.
B.
Alterations and repairs. No structural alterations shall be made to any nonconforming building unless such alterations are required by law; provided, however, that such maintenance and repairs as are required to keep a nonconforming building or structure in sound condition shall be permitted.
C.
Changes. A nonconforming use of a building may not be changed, except to a conforming use. When so changed, the nonconforming use may not be resumed thereafter.
D.
Discontinuance. A nonconforming use of a building or structure, or a portion thereof, which is discontinued for a period of 12 consecutive months shall not be reestablished, and any subsequent use shall conform to the use regulations of the district in which the premises are located. A use shall be deemed to have been discontinued under any of the following conditions:
(1)
Vacancy of a nonconforming use building or discontinuance of a nonconforming use for a period of 12 consecutive months.
(2)
Manifestation of a clear intent on the part of the owner to abandon the nonconforming use.
E.
Extension. A nonconforming use may not be extended to any other part of such building.
F.
Restoration. A building devoted to a nonconforming use destroyed or damaged by fire, wind, explosion, structural failure or other natural causes to the extent of 50% or more of its fair value at the time of such damage shall not be repaired or rebuilt except in conformity with the provisions of this chapter.
G.
Removal. If any building in which any nonconforming use is conducted is hereafter removed, the subsequent use of the land on which such building will be erected thereon shall conform to the regulations of the district.
H.
Validity of permit. Only a building for which a permit has been lawfully granted and on which the construction has been started and diligently pursued before the effective date of this chapter may be completed.
§ 260-32 Existing/nonconforming signs.
A.
Nonconforming signs shall be removed. The Code Enforcement Officer shall give written notice to the property owner that his sign is not in conformance with this chapter and must be removed. The property owner may make an appeal to the Zoning Board of Appeals upon receipt of an order from the Code Enforcement Officer. Unless the owner receives a decision from the Zoning Board of Appeals allowing him to retain or modify the sign, the sign shall be removed within 60 days. In the event that the sign is not removed within 60 days, the Code Enforcement Officer shall remove or cause the removal of the sign. A nonconforming sign shall not be altered, enlarged or replaced by another nonconforming sign.
B.
Existing signs. Existing signs not conforming with the provisions hereof shall be brought into conformance within five years of the effective date of this chapter.