Zoneomics Logo
search icon

Irvington City Zoning Code

NONCONFORMING USES

§ 154.170 - Continuation of.

(A)

If at the time of enactment of this chapter, any legal activity which is being pursued, or any lot or structure legally utilized in a manner or for a purpose which does not conform to the provisions of this chapter, such manner of use or purpose may be continued as herein provided, except that advertising structures that become nonconforming because of a rezoning have six months within which to relocate in a permitted area.

(B)

If any change in title of possession or renewal of a lease of any such lot or structure occurs, the use existing may be continued.

(C)

If any nonconforming use (structure or activity) is discontinued for a period exceeding two years after the enactment of this chapter, it shall be deemed abandoned and any subsequent shall conform to the requirements of this chapter.

(D)

Whenever a nonconforming structure, lot or activity has been changed to a more limited nonconforming use, such existing use may only be changed to an even more limited use.

(E)

Temporary seasonal nonconforming uses that have been in continual operation for a period of two years or more prior to the effective date of this chapter are excluded.

(Ord. passed 9-12-2013)

§ 154.171 - Permits.

The construction or use of a nonconforming building or land area for which a permit was issued legally prior to the adoption of this chapter may proceed, provided such building is completed within one year, or such use of land is established within 30 days after the effective date of this chapter.

(Ord. passed 9-12-2013)

§ 154.172 - Repairs and maintenance.

On any building or structure devoted in whole or in part to any nonconforming use, routine maintenance, repairs, replacement of nonbearing walls, pilings, fixtures, wiring or plumbing shall be allowed; however the structure footprint (length, width and cubit) shall not be increased.

(Ord. passed 9-12-2013)

§ 154.173 - Changes in district boundaries.

Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this subchapter.

(Ord. passed 9-12-2013)

§ 154.174 - Expansion and enlargement.

(A)

A nonconforming structure to be extended or enlarged shall conform with the provisions of this chapter.

(B)

A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the time of enactment of this chapter.

(Ord. passed 9-12-2013)

§ 154.175 - Nonconforming lots.

Any lot of record at the time of the adoption of this chapter which is less in area or width than the minimum required by this chapter may be used when the requirements of the governing body regarding setback, side and rear yards are met.

(Ord. passed 9-12-2013)

§ 154.176 - Restoration or replacement.

(A)

If a nonconforming activity is destroyed or damaged in any matter to the extent that the cost of restoration to its condition before the occurrence shall exceed 75 percent of the cost of reconstructuring the entire activity or structure, it shall be restored only if such use compiles with the requirements of this chapter.

(B)

Where a conforming structure devoted to a nonconforming activity is damaged less than 75 percent of the cost of reconstructuring the entire structure, or where a nonconforming structure is damaged less than 75 percent of the cost of reconstructuring the entire structure, either may be repaired or restored; provided any such repair or restoration is started within 12 months and completed within 18 months from the date of partial destruction.

(C)

The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any structure or activity devoted to a nonconforming use.

(Ord. passed 9-12-2013)