- NONCONFORMING USES AND STRUCTURES
7.1.1. The lawful use of a building existing at the time of the passage of this ordinance may be continued, although such use does not conform with the provisions hereof, and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. If such nonconforming building is removed, every future use of such premises shall be in conformity with the provisions of this ordinance.
7.1.2. Repairs and alterations may be made to a legal nonconforming building, provided that no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use; and provided that no additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. The board of adjustment shall have the authority after hearing to grant extension to nonconforming buildings not to exceed twenty-five (25) per cent of the ground area of the same in case of evident hardship, subject to the yard restrictions herein provided.
7.1.3. The lawful use of land existing at the time of the passage of this ordinance, although such does not conform to the provisions hereof, may be continued, but if such nonconforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this ordinance. Provided, however, that where land is situated in any district other than a Heavy Industrial District, which is now used for a use permitted only in a Heavy Industrial District, and is not an accessory to the use of a main building located on the same lot or grounds, such nonconforming use of land shall be discontinued and all material completely removed by its owner not later than three (3) years from the date of the passage of this ordinance.
7.1.4. A legal nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use. A legal nonconforming use, if changed to a more restricted nonconforming use, may not thereafter be changed unless to an equal or to a more restricted use.
7.1.5. A legal nonconforming use, when discontinued or abandoned, shall not be resumed. Discontinuance or abandonment shall be defined as follows:
(1)
When land used for a legal nonconforming use shall cease to be used in a bona fide manner for six (6) calendar months.
(2)
When a building designed or arranged for a nonconforming use shall cease to be used in a bona fide manner as a legal nonconforming use for a continuous period of twelve (12) consecutive calendar months.
(3)
When a building designed or arranged for a conforming use shall cease to be used in a bona fide manner as a legal nonconforming use for a period of six (6) consecutive calendar months. Upon evidence of hardship, the board of adjustment shall have the power to extend the above time limit not to exceed six (6) months. A certificate of occupancy shall be issued for all legal nonconforming uses.
7.1.6. Nothing in this ordinance shall be taken to prevent the restoration of a building destroyed to the extent of not more than fifty (50) per cent of its fair market value by fire explosion or other casualty or act of God or the public enemy, nor the continued occupancy or use of such building or part thereof that existed at the time of such partial destruction.
7.1.7. Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, and plans for which are on file with the building inspector at the time of the passage of this ordinance, and the construction of which in either case shall have been started and diligently prosecuted within six (6) months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within such time, and which entire building shall be completed, according to such plans as filed, within two (2) years from the date of the passage of this ordinance.
7.1.8. The lawful location and maintenance of commercial signs and billboards existing at the time of the passage of this ordinance may be continued, although such use does not conform with the provisions hereof; provided, however, that no structural alterations are made therein and provided, further, that all such nonconforming signs and billboards and their supporting members shall be completely removed by their owners not later than three (3) years from the date of the passage of this ordinance.
7.1.9. The foregoing provisions of this article shall also apply to uses, yards or buildings made nonconforming by subsequent amendments to zoning regulations.
7.1.10. Fences, walls and foliage that constitute a hazard by virtue of impairing sight distances at a curve or intersection shall be made conforming within one calendar year.
7.1.11. Any mobile home park duly licensed prior to the enactment of this ordinance may continue as a mobile home park in accordance with the provisions of this ordinance.
7.2.1. Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Ordinance that could not be built under the terms of these regulations by reasons of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
Such structure may be remodeled to maintain the premises in a safe and usable condition.
(2)
Should a structure be destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this zoning ordinance.
(3)
Such structure, upon the approval of the board of adjustment, may be added to if said addition meets the area requirements of the land use zoning district in which the structure is located, provided said use of structure is in conformance with ordinances of the city.
7.2.1. Mobile homes are illegal nonconforming structures in the City of Grenada. Therefore, any mobile home existing in the City of Grenada at the time of enactment of this ordinance shall not be replaced, rehabilitated, remodeled or repaired, if repairs exceed fifty (50) percent of the structure's value. Additionally, any change in ownership or occupancy will necessitate removal of the structure from the city within sixty (60) days.
- NONCONFORMING USES AND STRUCTURES
7.1.1. The lawful use of a building existing at the time of the passage of this ordinance may be continued, although such use does not conform with the provisions hereof, and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. If such nonconforming building is removed, every future use of such premises shall be in conformity with the provisions of this ordinance.
7.1.2. Repairs and alterations may be made to a legal nonconforming building, provided that no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use; and provided that no additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. The board of adjustment shall have the authority after hearing to grant extension to nonconforming buildings not to exceed twenty-five (25) per cent of the ground area of the same in case of evident hardship, subject to the yard restrictions herein provided.
7.1.3. The lawful use of land existing at the time of the passage of this ordinance, although such does not conform to the provisions hereof, may be continued, but if such nonconforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this ordinance. Provided, however, that where land is situated in any district other than a Heavy Industrial District, which is now used for a use permitted only in a Heavy Industrial District, and is not an accessory to the use of a main building located on the same lot or grounds, such nonconforming use of land shall be discontinued and all material completely removed by its owner not later than three (3) years from the date of the passage of this ordinance.
7.1.4. A legal nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use. A legal nonconforming use, if changed to a more restricted nonconforming use, may not thereafter be changed unless to an equal or to a more restricted use.
7.1.5. A legal nonconforming use, when discontinued or abandoned, shall not be resumed. Discontinuance or abandonment shall be defined as follows:
(1)
When land used for a legal nonconforming use shall cease to be used in a bona fide manner for six (6) calendar months.
(2)
When a building designed or arranged for a nonconforming use shall cease to be used in a bona fide manner as a legal nonconforming use for a continuous period of twelve (12) consecutive calendar months.
(3)
When a building designed or arranged for a conforming use shall cease to be used in a bona fide manner as a legal nonconforming use for a period of six (6) consecutive calendar months. Upon evidence of hardship, the board of adjustment shall have the power to extend the above time limit not to exceed six (6) months. A certificate of occupancy shall be issued for all legal nonconforming uses.
7.1.6. Nothing in this ordinance shall be taken to prevent the restoration of a building destroyed to the extent of not more than fifty (50) per cent of its fair market value by fire explosion or other casualty or act of God or the public enemy, nor the continued occupancy or use of such building or part thereof that existed at the time of such partial destruction.
7.1.7. Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, and plans for which are on file with the building inspector at the time of the passage of this ordinance, and the construction of which in either case shall have been started and diligently prosecuted within six (6) months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within such time, and which entire building shall be completed, according to such plans as filed, within two (2) years from the date of the passage of this ordinance.
7.1.8. The lawful location and maintenance of commercial signs and billboards existing at the time of the passage of this ordinance may be continued, although such use does not conform with the provisions hereof; provided, however, that no structural alterations are made therein and provided, further, that all such nonconforming signs and billboards and their supporting members shall be completely removed by their owners not later than three (3) years from the date of the passage of this ordinance.
7.1.9. The foregoing provisions of this article shall also apply to uses, yards or buildings made nonconforming by subsequent amendments to zoning regulations.
7.1.10. Fences, walls and foliage that constitute a hazard by virtue of impairing sight distances at a curve or intersection shall be made conforming within one calendar year.
7.1.11. Any mobile home park duly licensed prior to the enactment of this ordinance may continue as a mobile home park in accordance with the provisions of this ordinance.
7.2.1. Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Ordinance that could not be built under the terms of these regulations by reasons of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
Such structure may be remodeled to maintain the premises in a safe and usable condition.
(2)
Should a structure be destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this zoning ordinance.
(3)
Such structure, upon the approval of the board of adjustment, may be added to if said addition meets the area requirements of the land use zoning district in which the structure is located, provided said use of structure is in conformance with ordinances of the city.
7.2.1. Mobile homes are illegal nonconforming structures in the City of Grenada. Therefore, any mobile home existing in the City of Grenada at the time of enactment of this ordinance shall not be replaced, rehabilitated, remodeled or repaired, if repairs exceed fifty (50) percent of the structure's value. Additionally, any change in ownership or occupancy will necessitate removal of the structure from the city within sixty (60) days.