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Fulton City Zoning Code

NONCONFORMING USES

§ 155.165 CONTINUANCE.

   The lawful use of land or buildings existing at the time of the adoption or the ordinance codified in this chapter may continue, although such does not conform to the regulations specified by this chapter with the district in which such land or building is located subject to the conditions and specifications set forth in this chapter.
(Ord. 552, passed - -62; Ord. 855, passed 10-7-86)

§ 155.166 NONCONFORMING LAND USE.

   A nonconforming use of land (outside of a building) shall be made to conform to the provisions of this chapter within a period of two years after adoption of the ordinance codified in this chapter, provided that this shall not apply to land devoted to agricultural uses at the time of the adoption of this chapter.
(Ord. 552, passed - -62; Ord. 855, passed 10-7-86) Penalty, see § 10.99

§ 155.167 DISCONTINUED OR ABANDONED USE.

   Any nonconforming use of land or buildings which has ceased by discontinuance or abandonment for a period of six months shall thereafter conform to the provisions of this chapter.
(Ord. 552, passed - -62; Ord. 855, passed 10-7-86) Penalty, see § 10.99

§ 155.168 DAMAGED OR DESTROYED BUILDING.

   Any nonconforming building which has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 60% or more of its assessed valuation shall thereafter conform to the provisions of this chapter. Where more than 40% of the assessed value of the building remains after such damage, such structure may be restored to the same nonconforming use as existed before such damage.
(Ord. 552, passed - -62; Ord. 855, passed 10-7-86) Penalty, see § 10.99

§ 155.169 MOVEMENT OR USE OF BUILDING.

   No nonconforming use of a building may be moved to any other part of a parcel of land upon which same was conducted at the time of adoption of this chapter.
(Ord. 552, passed - -62; Ord. 855, passed 10-7-86) Penalty, see § 10.99

§ 155.170 STRUCTURAL ALTERATIONS.

   No nonconforming building shall be enlarged or structurally altered except to make it a conforming building. A nonconforming use of a building existing at the time of the adoption of this chapter may be extended throughout the building provided no structural alterations except those required by this chapter or law are made therein.
(Ord. 552, passed - -62; Ord. 855, passed 10-7-86) Penalty, see § 10.99

§ 155.171 CHANGE TO MORE RESTRICTED CLASSIFICATION.

   The use of a nonconforming building may be changed to a more restricted classification or a use of equal character, but not to a less restricted classification.
(Ord. 552, passed - -62; Ord. 855, passed 10-7-86)

§ 155.172 NONCONFORMING SIGNS OR BILLBOARDS.

   Any nonconforming signs or billboards shall be removed within a period of two years from the adoption of this chapter.
(Ord. 552, passed - -62; Ord. 855, passed 10-7-86) Penalty, see § 10.99
Cross reference:
   Billboards and signs, see Ch. 152

§ 155.173 APPLICABILITY OF PROVISIONS.

   The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed by amendment to this chapter.
(Ord. 552, passed - -62; Ord. 855, passed 10-7-86)

§ 155.174 AGRICULTURAL USES.

   Notwithstanding anything to the contrary in this chapter, any land that was devoted to agricultural use at the time of the adoption of this chapter, may continue to devote the land to agricultural uses and shall further be allowed to erect, enlarge, or structurally alter any building for an agricultural use, provided that prior to erecting a new building, or enlarging or structurally altering any existing building, written permission of the City Council is granted.
(Ord. 1290, passed 9-6-05)