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Marion County Unincorporated
City Zoning Code

ARTICLE XIX

NONCONFORMING BUILDINGS AND USES

Any lawful use of land or buildings existing as of the effective date of this chapter, except as excluded herein, and located in a district in which it would not be permitted as a new use under the regulations of this chapter [appendix], is hereby declared to be a nonconforming use and not in violation of this chapter [appendix] provided; however, that a nonconforming use shall be subject to, and the owner shall comply with, the following regulations:


Sec. 19.01.- Nonconforming residence.

A residence which is determined to be nonconforming within the zoning district in which the residence is located may be continued and is exempted from the provisions of these sections.

Sec. 19.02. - Nonconforming use of land, continuation of use.

A nonconforming use of land which exists when this chapter [appendix] becomes effective may be continued provided that:

A.

No such nonconforming use of land shall in any way be expanded or expanded by more than 50 percent of existing building area, and must satisfy screening requirements found in section 4.12.

B.

If such nonconforming use of land or any portion thereof is discontinued of changed, any future use of such land shall be in conformity with the provisions of this chapter [appendix].

Sec. 19.03. - Restorations.

Any building which houses a nonconforming use which has been destroyed or damaged by fire, explosion, or Act of God, may be restored to the same nonconforming use as existed before such damage. No such restored use may be enlarged or expanded beyond the physical size which existed at the time of destruction or damage.

Sec. 19.04. - Discontinuance or abandonment.

Any nonconforming use of land or building (except residential dwellings) which has become vacant or remains unoccupied owing to abandonment or discontinuance for a period of 12 months shall thereafter conform to the provisions of this chapter [appendix].

Sec. 19.05. - Change of tenancy or ownership.

There may be a change in tenancy, ownership or management of a nonconforming use.