§ 11-601 CONTINUATION OF NON-CONFORMING USE OR STRUCTURE.
(A) Subject to the provisions of §§ 11-601 through 11-605 of this article, a non-conforming structure or use may be continued and maintained in reasonable repair but shall not be altered or extended unless authorization for a variance is obtained pursuant to this chapter.
(B) The extension of a non-conforming use to a portion of a structure which was arranged or designed for the non-conforming use at the time of passage of this chapter is not an extension of a non- conforming use.
(C) A complete record of the location, value, nature and extent of all non-conforming uses shall be made and kept by the Planning Commission.
(2005 Code, § 11-601)
§ 11-602 NON-CONFORMING STRUCTURE.
A structure conforming as to use, but non-conforming as to height, setback or coverage, may be altered or extended providing the alteration or extension does not result in a violation of this chapter.
(2005 Code, § 11-602)
§ 11-603 DISCONTINUANCE OF A NON-CONFORMING USE.
(A) If a non-conforming use involving a structure is discontinued from use for a period of one year, further use of the property shall be for a conforming use.
(B) If a non-conforming use not involving a structure is discontinued for a period of six months, further use of the property shall be for a conforming use.
(2005 Code, § 11-603)
§ 11-604 TERMINATION OF CERTAIN NON-CONFORMING USES.
(A) A non-conforming use not involving a structure or one involving a structure having an assessed value of less than $250 shall be discontinued within two years from the date of passage of this chapter.
(B) Notwithstanding any other provisions of this chapter, any automobile wrecking yard or other junk yard in existence in any residential district at the date of enactment of this chapter shall at the expiration of three years from such date become a prohibited and unlawful use and shall be discontinued.
(C) A use which is non-conforming with respect to provision for screening shall provide screening within a period of five years from the date of passage of this chapter.
(2005 Code, § 11-604)
§ 11-605 CHANGE OF NON-CONFORMING USE.
If a non-conforming use is changed, it shall be changed to a use conforming to the regulations of the district and, after change, it shall not be changed back again to the original non-conforming use.
(2005 Code, § 11-605)
§ 11-606 DESTRUCTION OF A NON-CONFORMING USE.
If a non-conforming structure or a structure containing a non-conforming use is destroyed by fire, explosion or act of God to an extent exceeding 50% of the cost of replacement of the building using new materials, a future structure or use on the property shall conform to the provisions of this chapter.
(2005 Code, § 11-606)
§ 11-607 COMPLETION OF BUILDING.
Nothing contained in this chapter shall require any change in the plans, construction, alteration or designated use of a building for which a building permit has been issued and construction work has commenced prior to the adoption of this chapter; except that, if the designated use will be non- conforming it shall, for the purpose of § 11-603 of this article, be a discontinued use if not in operation within two years of the date of issuance of the building permit.
(2005 Code, § 11-607)
§ 11-608 DISTRICT CHANGES.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, this article shall also apply to any non-conforming uses existing therein.
(2005 Code, § 11-608)
Holdrege City Zoning Code
ARTICLE 6
NON-CONFORMING USES AND STRUCTURES
§ 11-601 CONTINUATION OF NON-CONFORMING USE OR STRUCTURE.
(A) Subject to the provisions of §§ 11-601 through 11-605 of this article, a non-conforming structure or use may be continued and maintained in reasonable repair but shall not be altered or extended unless authorization for a variance is obtained pursuant to this chapter.
(B) The extension of a non-conforming use to a portion of a structure which was arranged or designed for the non-conforming use at the time of passage of this chapter is not an extension of a non- conforming use.
(C) A complete record of the location, value, nature and extent of all non-conforming uses shall be made and kept by the Planning Commission.
(2005 Code, § 11-601)
§ 11-602 NON-CONFORMING STRUCTURE.
A structure conforming as to use, but non-conforming as to height, setback or coverage, may be altered or extended providing the alteration or extension does not result in a violation of this chapter.
(2005 Code, § 11-602)
§ 11-603 DISCONTINUANCE OF A NON-CONFORMING USE.
(A) If a non-conforming use involving a structure is discontinued from use for a period of one year, further use of the property shall be for a conforming use.
(B) If a non-conforming use not involving a structure is discontinued for a period of six months, further use of the property shall be for a conforming use.
(2005 Code, § 11-603)
§ 11-604 TERMINATION OF CERTAIN NON-CONFORMING USES.
(A) A non-conforming use not involving a structure or one involving a structure having an assessed value of less than $250 shall be discontinued within two years from the date of passage of this chapter.
(B) Notwithstanding any other provisions of this chapter, any automobile wrecking yard or other junk yard in existence in any residential district at the date of enactment of this chapter shall at the expiration of three years from such date become a prohibited and unlawful use and shall be discontinued.
(C) A use which is non-conforming with respect to provision for screening shall provide screening within a period of five years from the date of passage of this chapter.
(2005 Code, § 11-604)
§ 11-605 CHANGE OF NON-CONFORMING USE.
If a non-conforming use is changed, it shall be changed to a use conforming to the regulations of the district and, after change, it shall not be changed back again to the original non-conforming use.
(2005 Code, § 11-605)
§ 11-606 DESTRUCTION OF A NON-CONFORMING USE.
If a non-conforming structure or a structure containing a non-conforming use is destroyed by fire, explosion or act of God to an extent exceeding 50% of the cost of replacement of the building using new materials, a future structure or use on the property shall conform to the provisions of this chapter.
(2005 Code, § 11-606)
§ 11-607 COMPLETION OF BUILDING.
Nothing contained in this chapter shall require any change in the plans, construction, alteration or designated use of a building for which a building permit has been issued and construction work has commenced prior to the adoption of this chapter; except that, if the designated use will be non- conforming it shall, for the purpose of § 11-603 of this article, be a discontinued use if not in operation within two years of the date of issuance of the building permit.
(2005 Code, § 11-607)
§ 11-608 DISTRICT CHANGES.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, this article shall also apply to any non-conforming uses existing therein.