Head Of The Harbor City Zoning Code
ARTICLE X
Nonconforming Uses
§ 165-41 Conformance required.
Except as otherwise provided in §§ 165-42, 165-43, 165-44 and 165-45, the lawfully permitted use of land or structures existing at the time of the adoption of this chapter or any amendment thereto may be continued although such use does not conform to the regulations specified by this chapter for the district in which such land or structures are located. Such uses shall be deemed nonconforming uses.
§ 165-42 Nonconforming use of structures.
A.
A structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged or altered unless such structure, including such enlargement or alteration, is made to conform to all regulations, including use, for the district in which it is situated or unless permission therefor shall be obtained by application to and approval by the Board of Appeals.
B.
A nonconforming use of a structure may be changed only to a conforming use.
C.
If any nonconforming use of a structure ceases for any reason for a continuous period of more than 120 days or is changed to a conforming use or if the structure in or on which such use is conducted or maintained is relocated for any reason, then any future use of such structure shall be only in conformity with regulations specified by this Part 1 for the district in which such structure is located.
D.
If any structure in or on which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the lot on which such structure was located and the subsequent use of any structure thereon shall be in conformity with the regulations specified by this Part 1 for the district in which such land or structure is located.
§ 165-43 Nonconforming dimensional characteristics.
An existing building that is conforming in use but does not conform to the height, yard or floor area requirements of this Part 1 shall not be considered to be nonconforming within the meaning of § 165-41. However, no permit shall be issued that will result in the increase of any such nonconformity unless approval has been obtained from the Board of Appeals.
§ 165-44 New buildings on nonconforming lots.
A variance may be issued for the erection of a building housing a permitted use on any lot which has been made nonconforming with respect to area or frontage requirements by the adoption of this Part 1 or the Zoning Map, or any amendment thereto, provided that a valid conveyance has been recorded or a bona fide contract of sale for said lot has been executed and delivered prior to the date of the adoption of the provision of this Part 1 that made the lot nonconforming. Where the owner of such lot also owned or had under contract to purchase adjoining land on said date, such other land or so much thereof as may be necessary shall be combined with the original lot to make a single conforming lot or a lot that is conforming to the fullest extent possible.