Kanarraville City Zoning Code
NON-CONFORMING BUILDINGS
AND USES
§ 152.125 MAINTENANCE PERMITTED.
A non-conforming building or structure may be maintained. A building constructed before the year 2000 and the passing of the Zoning Ordinance may continue as a compliant building if it complies to the present zoned use and may be altered according to the present zoning law and building codes whether it has been occupied or not.
(Ord. 03-09-2000, passed 3-3-2000; Ord. 04-10-03A, passed 4-10-2003)
§ 152.126 REPAIRS AND ALTERATIONS.
Repairs and structural alterations may be made to a non-conforming building or to a building housing a non-conforming use.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.127 ADDITIONS, ENLARGEMENTS AND MOVING.
A building or structure occupied by a non-conforming use and a building or structure non- conforming as to height, area or yard requirements shall not be added to or enlarged in any manner unless such addition or enlargement conforms or is made to conform to all regulations of the zone in which it is located, except as permitted by the Town Board of Adjustment.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.128 ALTERATION WHERE PARKING INSUFFICIENT.
A building or structure lacking sufficient automobile parking space in connection therewith as required by this chapter may be altered or enlarged; provided, additional automobile parking space is supplied to meet the requirements of this chapter for such alteration or enlargement. All parking spaces shall be on the site or adjacent to the site.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.129 RESTORATION OF DAMAGED BUILDINGS.
A non-conforming building or structure or a building or structure occupied by a non-conforming use which is damaged by fire, flood, wind, earthquake or other calamity or Act of God, or the public enemy, may be restored and the occupancy or use of such building, structure or part thereof, which existed at the time of such damage may be continued or resumed; provided that, such restoration is started within a period of one year and is diligently prosecuted to completion.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.130 ONE-YEAR VACANCY.
A building or structure or portion thereof occupied by a non-conforming use, which is, or hereafter becomes, vacant and remains unoccupied by a non-conforming use for a continuous period of one year shall not thereafter be occupied, except by a use which conforms to the use regulations of the district in which it is located.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.131 CONTINUATION OF USE.
The occupancy of a building or structure by a non-conforming use, existing at the time this chapter became effective, may be continued.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.132 OCCUPATION WITHIN ONE YEAR.
A vacant building or structure may be occupied by a use for which the building or structure was designed or intended, if so occupied within a period of one year after the use became non-conforming.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.133 CHANGE OF USE.
The non-conforming use of a building or structure may not be changed, except to a conforming use; but where such change is made, the use shall not thereafter be changed back to a non-conforming use.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.134 NON-CONFORMING USE OF LAND.
The non-conforming use of land, existing at the time this chapter became effective, may be continued; provided that, no such non-conforming use of land shall in any way be expanded either on the same or on adjoining property; and, provided that, is such non-conforming use of land, or any portion thereof, is abandoned or changed for a period of one year or more, any future use of such land shall be in conformity with the provisions of this chapter.
(Ord. 03-09-2000, passed 3-3-2000)
§ 152.135 EXCEPTIONS.
(A) The following non-conforming structures and uses shall be amortized in a period not exceeding that stated below, effective from the date of adoption of this chapter.
(1) Trash, junk, debris or similar material shall be removed from any residential zone within two years.
(2) Non-conforming signs shall be removed from any zone in which said signs are non- conforming within one year.
(B) Non-conforming structures or uses not removed within the specified time, effective of the date of adoption of this chapter, shall be removed by the town and the costs incurred by the town in doing so shall be billed to the owner of the property or structure.
(Ord. 03-09-2000, passed 3-3-2000)