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Hilton City Zoning Code

ARTICLE VIII

Nonconformities

§ 275-51 Continuation of nonconforming structure.

Subject to the provisions of this article, a structure which fails to conform with the provisions of the zoning laws of the Village of Hilton may be maintained so long as the nonconformity predated the adoption of the applicable zoning law and so long as the structure is maintained in good repair. In the event the structure is replaced, changed or altered, it must then comply with the applicable zoning laws, except if such replacement, change or alteration maintains or reduces the preexisting nonconformity, in which case such structure may be so maintained.

§ 275-52 Discontinuance of nonconforming use.

A. 
Subject to the provisions of this article, a use which fails to conform with the provisions of the zoning laws of the Village of Hilton may be maintained so long as the nonconforming use commenced prior to the adoption of the applicable zoning law and continues, uninterrupted, pursuant to Subsection B of this section.
B. 
If a nonconforming use in either the Commercial, Transitional Mixed-Use, or Central Business Districts is discontinued for a continuous period of one year or more, said nonconforming use shall not be permitted and any future use shall conform with applicable zoning laws. If a nonconforming use in any other zoning district is discontinued for a continuous period of six months or more, said nonconforming use shall not be permitted and any future use shall conform with applicable zoning laws.

§ 275-53 Change of nonconforming use.

If a nonconforming use is replaced by another use, the new use shall conform to this chapter.

§ 275-54 Destruction of nonconforming structure or use.

If a nonconforming building or structure or a building or structure devoted to a nonconforming use is damaged by fire, flood, explosions, wind, earthquake, war, riot or other act, it may be restored and reconstructed provided that any such repair does not increase the degree of any nonconformance and further provided that such reconstruction shall be started within 12 months of such happenings. This term may be extended by the ZBA for insurance or other delays not caused by the owner.

§ 275-55 Completion of structure.

Nothing contained in this chapter shall require any change in the plans, construction, alteration, or designated use of a structure for which a building permit has been issued and construction work has commenced prior to the adoption of this chapter, provided that the building, if nonconforming or intended for a nonconforming use, is completed and in use within one year from the time the building permit is issued.