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Germantown Hills City Zoning Code

CHAPTER 15

NONCONFORMITIES

9-15-1: DISCONTINUANCE OF NONCONFORMING USE:

If a nonconforming use has ceased for a period of one year or more, it shall not be a reestablished use unless the nonconforming use was in a building designed, arranged or intended for such use, and which building does not reasonably lend itself to occupancy by a conforming use. (Ord. 158, 6-15-1978)

9-15-2: CHANGE TO CONFORMING USE:

Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. (Ord. 158, 6-15-1978)

9-15-3: ENLARGEMENT OR EXPANSION:

A nonconforming use of land, premises, or structure shall not be enlarged upon, expanded, or extended after the effective date hereof by the attachment of a structure, premises, or land, or additional signs intended to be seen off the premises or land, or by the addition of other uses of a nature which would be prohibited in the district involved. (Ord. 158, 6-15-1978)

9-15-4: REPAIRS AND MAINTENANCE:

On any structure devoted in whole or in part to any nonconforming use, or which itself is nonconforming, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not to exceed ten percent (10%) of the then current replacement value of the structure; provided, that the volume of such building or the size of such structure as it existed at the effective date hereof shall not be increased or nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. (Ord. 158, 6-15-1978)

9-15-5: DAMAGED STRUCTURE:

If a nonconforming structure is destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title. (Ord. 158, 6-15-1978)

9-15-6: SINGLE-FAMILY NONCONFORMING LOTS OF RECORD:

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling and customary accessory buildings may be erected on any lot which is a lot though such lots fail to meet the requirements for area or width, or both, that are generally applicable in the district; provided, that yard dimension and other requirements not involving area or width, or both, of the lots shall conform to the following regulations:
   A.   Front Yard: The front yard regulations and standards of the district in which such lot is located shall apply.
   B.   Rear Yard: The rear yard regulations and standards of the district in which such lot is located shall apply. (Ord. 158, 6-15-1978)
   C.   Side Yards: The side yards shall be provided, each at least one-sixth (1/6) the width of the lot, but not wider than required for the district in which such lot is located. (Ord. 158, 6-15-1978; amd. 2012 Code)