Harvey Cedars City Zoning Code
§ 13-5.8
Nonconforming Uses of Structures.
[Ord. No. 2001-02]
If a lawful use of a structure, or of structure and premises in combination, existed on July 16, 1966, or on the date of amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
a.
No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;
b.
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on July 16, 1966, or of amendment of this chapter, but no such use shall be extended to occupy any land outside such building;
c.
If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate conditions and safeguards in accord with the provisions of this chapter;
d.
Any structure, or structure and land combination, in or on which a nonconforming use is superseded by permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed;
e.
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 12 consecutive months or 24 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it was located;
f.
Where nonconforming use applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
