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Kingsley City Zoning Code

165.19 NONCONFORMING

BUILDINGS, STRUCTURES AND USES OF LAND.

   1.   Nonconforming Buildings and Structures.
      A.   General.  A nonconforming building or structure existing at the time of adoption of the Zoning Ordinance may be continued, maintained, and repaired, except as otherwise provided in this section. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe.
      B.   Alteration or Enlargement of Building and Structure.  A nonconforming building or structure shall not be added to or enlarged in any manner unless said building or structure including additions and enlargements, is made to conform to all the regulations of the district in which it is located; provided, however, if a building or structure is conforming as to its use, but nonconforming as to yards or height or off-street parking space, said building or structure may be enlarged or added to provided that the enlargement or addition complies with the yard and height and off-street parking requirements of the district in which said building or structure is located.  No nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of said building or structure is made to conform to all of the regulations of the district in which it is located.
      C.   Building Vacancy.  A building or structure or portion thereof, which is nonconforming as to use, which is or hereafter becomes vacant and remains unoccupied 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.
      D.   Destruction of Nonconforming Building or Structure.  Any nonconforming building or structure which has been or may be damaged by fire, flood, explosions, earthquake, war, riot, or any other act of God, may be reconstructed and used as before if it can be done within 12 months of such calamity, unless damaged more than 50 percent of its fair market value, as determined by the Board of Adjustment, at the time of the damage, in which case reconstruction shall be in accordance with the provisions of this chapter.
      E.   Change of Uses.  A nonconforming use of a conforming building or structure may be expanded or extended into any other portion of the structure provided the structure was manifestly arranged or designed for such use at the time of adoption or amendment of the Zoning Ordinance, but no such use shall be extended to occupy any land outside such building.  If such a nonconforming use, or a portion thereof, is discontinued or changed to a conforming use, any future use of such building, structure or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located.  A vacant or partially vacant conforming building or structure may be occupied by a use for which the building or structure was designed or intended if occupied within a period of one year after the effective date of the Zoning Ordinance, but otherwise it shall be used in conformity with the regulations of the district in which it is located.  The use of a nonconforming building or structure may be changed to a use of the same or a more restricted district classification; but where the use of nonconforming building or structure is changed to a use of a more restricted district classification it thereafter shall not be changed to a use of a less restricted district classification; provided, however, a building or structure that is nonconforming at the time of adoption of the Zoning Ordinance is not in violation.  For the purpose of this subsection only, the R-1 District shall be considered the most restrictive and the HM District the least restrictive district.
      F.   Swimming Pool Fences.  The lawful use of a swimming pool existing at the effective date of the Zoning Ordinance may be continued, provided that 12 months after the effective date of the Ordinance all nonconforming pools shall conform to Section 165.09(15).
   2.   Nonconforming Uses of Land.  A nonconforming use of land, where the aggregate value of all permanent buildings or structures is less than $500.00, existing at the time of adoption of the Zoning Ordinance, may be continued three years there from provided that:
      A.   Said nonconforming use shall not be extended or expanded, nor shall it occupy more area than was in use on the effective date of the Zoning Ordinance.
      B.   If said nonconforming use or any portion thereof is discontinued for a period of six months, or changed, any future use of such land, or change in use, shall be in conformity with the provisions of the district in which said land is located.