Zoneomics Logo
search icon

Georgewest City Zoning Code

ARTICLE V

- NONCONFORMING USES

Sec. 54-150. - Defined.

Nonconforming uses are those lawful uses of premises that do not conform with the requirements of this chapter on the effective date of the ordinance from which this chapter is derived or any governing amendment thereto.

(Ord. No. 156, § 3.401, 6-8-1981)

Sec. 54-151. - Continuation; change to higher or same classification.

Nonconforming uses may be continued as provided herein. In addition, and if there are no structural alterations, a nonconforming use existing on the effective date of this provision may be changed to a use of the same or of a higher classification; provided, however, that if a nonconforming use is changed to a higher use in a higher classification or to a conforming use, it cannot thereafter be changed back to the original nonconforming use. For the purposes of this section, the term "same classification" means uses permitted in the same district; the term "a higher classification" means uses in a district with a prior listing in this chapter.

(Ord. No. 156, § 3.402, 6-8-1981)

Sec. 54-152. - Lapse of nonconforming status.

If a nonconforming use is stopped for two years or more, it then must conform to the use regulations.

(Ord. No. 156, § 3.403, 6-8-1981)

Sec. 54-153. - Effect of damage or destruction of structure.

If a structure having nonconforming use status is damaged or destroyed to an extent of more than 60 percent of its fair market value by fire, explosion, act of God, or public enemy, then any restoration must be for a permitted use.

(Ord. No. 156, § 3.404, 6-8-1981)

Sec. 54-154. - Existing illegal uses remain illegal.

Passage of the ordinance from which this article is derived in no way legalizes any illegal uses existing at the time of its adoption and the same shall continue to be illegal and shall subject the owner to penalties and other remedies available to the city for violation of this chapter.

(Ord. No. 156, § 3.405, 6-8-1981)

Sec. 54-155. - Special uses excepted.

Existing uses of types eligible for special permits as provided in this chapter shall not be nonconforming uses, but shall be classified as conforming uses and shall receive a special permit for the existing use from the building official upon request, but shall require a special permit for any enlargement or addition.

(Ord. No. 156, § 3.406, 6-8-1981)

Sec. 54-156. - Certain residential lots excepted.

Residential lots platted before the effective date of the ordinance from which this article is derived shall not be considered nonconforming if the lot contains 6,000 square feet or more in area and is 50 feet or more wide.

(Ord. No. 156, § 3.407, 6-8-1981)