Markham City Zoning Code
NON-CONFORMING USES
AND EXCEPTIONS
§ 156.360 ELIMINATION OF NON-CONFORMITIES.
The lawful use of land for storage purposes or for advertising signs or billboards, which does not conform to the provisions of this chapter, shall be discontinued within 12 months from 8-26-1956, and the same uses of land which become non-conforming by reason of subsequent changes in these zoning regulations shall also be discontinued within 12 months from the date of such change in these regulations.
(Prior Code, § 156.290)
§ 156.361 ABANDONMENT OF USE.
If a non-conforming use of any building or premises is discontinued or revised, or its normal operation is stopped or revised for a period of six months, the use of the same shall thereafter conform to the regulations of the district in which it is located.
(Prior Code, § 156.291)
§ 156.362 NON-CONFORMING BUILDINGS AND USES.
(A) The lawful use of a building or premises existing on 8-26-1956, or at the time any amendment to this chapter is adopted, may be continued, although such use does not conform with the provisions of this chapter, or of any such amendment, except as otherwise provided in this chapter.
(B) Repairs and alterations may be made to a non-conforming building or structure; provided that, no structural alteration shall be made, except those required by law or this code.
(C) A non-conforming use shall not be extended or enlarged.
(D) A building or structure which does not comply with the height or area regulations shall not be added to or enlarged in any manner unless such modified structure conforms to all the regulations of the district in which it is located.
(F) A non-conforming building or structure shall not be moved in whole or in part to any other location on the lot unless every portion of such building or structure is made to conform to all the regulations of the district in which it is located.
(G) No building or structure which has been damaged by fire, explosion, act of God or the public enemy, to the extent of more than 50% of its value, shall be restored, except in conformity with the regulations of the district in which it is located.
(H) In the event that a non-conforming use of any building or premises is discontinued or revised, or its normal operation stopped or revised for a period of six months, the use of the same shall thereafter conform to the regulations of the district in which it is located.
(I) The use of a non-conforming building may be changed to a more restricted classification, but not to an equal or a less restricted classification.
(Prior Code, § 156.292)
§ 156.363 HEIGHT EXCEPTIONS.
The building height restrictions of these zoning regulations shall not apply to church spires, belfries, cupolas, domes, monuments, water towers, chimneys, flag poles, radio and television towers or airway beacons; nor to any water tank or similar structure extending above the roof of a building and not occupying an aggregate area greater than 25% of the horizontal projected roof area.
(Prior Code, § 156.293)
§ 156.364 AREA EXCEPTIONS.
In computing the depth of a rear yard or width of a side yard or open court for any building where such yard or court opens onto an alley, or easement, one-half of the alley width or easement width may be assumed to be a portion of the yard or court.
(Prior Code, § 156.294)