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Kenney City Zoning Code

NON-CONFORMING USES

AND STRUCTURES

§ 155.110 EXISTING NON-CONFORMING LAND OR BUILDING.

   The lawful use of any land or building existing at the time of the adoption of this chapter may be continued, even if it does not conform to the regulations of this chapter, except as provided in this subchapter.
(Prior Code, § 152.105) (Ord. passed 3-9-1976; Ord. passed 6-20-2024)

§ 155.111 NON-CONFORMING BUILDINGS.

   (A)   Alterations. A non-conforming building or structure shall not be reconstructed or altered to an extent exceeding its assessed valuation for real estate tax purposes, unless the building or structure is changed to conform with the regulations of this chapter.
   (B)   Enlargement. A non-conforming building or structure shall not be added to or enlarged in any manner unless the additions or enlargements are made so as to bring the building or structure into conformity with the regulations of this chapter.
   (C)   Restoration. A non-conforming building or structure which is damaged by fire or other cause to the extent of more than 50% of its assessed value shall not be restored, except in conformity with the regulations of this chapter.
   (D)   Abandonment. A non-conforming use of a building which has been discontinued for a period of 30 days shall not be re-established and any future use shall be in conformity with the regulations of this chapter.
   (E)   Extension. A non-conforming use of a building may be extended throughout the building; provided, no structural alterations are made therein.
   (F)   Relocation. A non-conforming building shall not be moved to any other part of the parcel of land upon which it is located unless every portion of the building is made to conform to all requirements of the district in which it is located.
   (G)   Use change.
      (1)   If no structural alterations are made, a non-conforming use of the building may be changed to another non-conforming use of the same or of a more restricted classification.
      (2)   Whenever a non-conforming use had been changed to a more restricted use or to a conforming use, the use shall not thereafter be changed to a less restricted use.
   (H)   Placement. A manufactured or mobile home may be placed; provided that, the replacement home is moved onto the property and is located on its pad within five days (120 hours) of the removal of the original home and that the home being moved onto the property is not more than five years old at the time of replacement.
(Prior Code, § 152.106) (Ord. passed 3-9-1976; Ord. passed 6-11-1992; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.112 NON-CONFORMING USE OF LAND.

   (A)   Expansion. A non-conforming use of land shall not be expanded or extended beyond the area it occupies.
   (B)   Relocation. A non-conforming use shall not be moved to any other part of the parcel of land upon which the same was conducted at the time of passage of this chapter, except by expressed authority of the County Board or its designated authority.
   (C)   Discontinuance. If a non-conforming use of land is discontinued for a period of 30 days, it shall not be re-established and any future use shall be in conformity with the regulations of this chapter.
(Prior Code, § 152.107) (Ord. passed 3-9-1976; Ord. passed 6-20-2024) Penalty, see § 155.999

§ 155.113 EXCEPTIONS.

   (A)   Single-family and two-family residences established at the time of adoption of this chapter in non-residential districts are exempt from this section.
   (B)   These residences may be expanded and accessory structures may be permitted; provided, all other requirements are met.
(Prior Code, § 152.108) (Ord. passed 3-9-1976; Ord. passed 6-20-2024)