Jennings County Unincorporated
City Zoning Code
City Zoning Code
NON-CONFORMING USE
SPECIFICATION
§ 154.070 DEFINITION.
Any building or land lawfully occupied by a use at the time of passage of this chapter which does not conform after the passage of this chapter with the use regulations of the district in which it is situated shall be deemed to be a legal non-conforming use.
(Ord. passed 9-1-2006) Penalty, see § 154.999
§ 154.071 PROVISIONS.
(A)
Non-conforming uses are considered incompatible or undesirable uses in the districts in which said use is located. Within the districts established by this chapter, there may exist non-conforming lots, structures and uses. These non-conforming lots, structures and uses were lawful prior to the adoption of this chapter, but are now prohibited, regulated or restricted. Starting (DATE) any property currently being used in a non-conforming use shall continue until they are removed.
(B) Existing non-conforming uses must register with the Area Plan Commission; additionally they can be transferred to another owner on the same location provided the future owner again registers such non-conforming use with the Area Plan Commission and is approved by the Area Plan Board.
(C) Non-conforming structures shall not be modified or enlarged to intensify or further accommodate the non-conforming use, but any structure or portion thereof may be altered to diminish or eliminate its lack of conformity with the provisions of this chapter. Normal maintenance and repair of a structure containing a non-conforming use shall be permitted, provided there is no alteration of the structure to intensify or further accommodate the non-conforming use.
(D) Non-conforming uses shall not be moved in whole or in part to occupy any structure or any portion of the registered parcel not occupied by the non-conforming use at the effective date of this chapter or amendment.
(E) Illegal uses existing at the time this chapter is enacted shall not be validated by virtue of its enactment.
(Ord. passed 9-1-2006; Ord. 2021-03A, passed 3-18-2021) Penalty, see § 154.999
§ 154.072 REVOCATION.
(A) If a lawfully registered non-conforming use is discontinued or abandoned for a period of six consecutive months or greater, the non-conforming use shall be revoked. The structure and/or premises shall thereafter be used in conformance with the regulations and standards for the district in which it is located, as enacted in this chapter and its amendments.
(B) Uses banned under any federal, state or local law, ordinance or regulation, or found to pose a threat to the public health, shall not be protected by non-conforming use provisions, nor validated by the enactment of this chapter or its amendments.
(C) If property owners wish to willfully rezone their property to the conforming use, they may do so by contacting the Area Plan Office at no expense to the property owner if done so by (DATE).
(Ord. passed 9-1-2006; Ord. 2021-03A, passed 3-18-2021)Penalty, see § 154.999