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Madison County Unincorporated
City Zoning Code

ARTICLE 13

- NONCONFORMING USES

13-1.

Continuation.

13-1-1.

If at the time of enactment or subsequent amendment of this ordinance, as enacted or amended, 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 ordinance, such manner of use or purpose may be continued as herein provided.

13-1-2.

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

13-1-3.

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

13-2.

Changes in Zoning Boundaries.

Whenever the boundaries of a zone 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 article. Such uses shall automatically become eligible for any and all necessary permits as are needed to continue the use.

13-3.

Expansion or Enlargement.

13-3-1.

A nonconforming structure to be extended or enlarged must be made to conform with the general provisions of this ordinance. If a nonconforming use or structure is altered, expanded, enlarged, or extended, the new alteration, expansion, enlargement or extension shall comply with the provisions of this ordinance; however the existing nonconforming use or structure can remain in its nonconforming status.

13-3-2.

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 ordinance.

13-4.

Nonconforming Lots.

Any lot of record at the time of the adoption of this ordinance which is less in area or frontage than the minimum required by this ordinance may be used when the requirements of the Board of Zoning Appeals regarding setbacks, side and rear yards are met.

13-5.

Restoration or Replacement.

When a nonconforming structure or when a conforming structure which houses a nonconforming activity is destroyed or damaged in any manner, it may be restored or repaired without bringing said structure or activity into conformance, provided such reconstruction is begun within 18 months of the calamity.