11-19-1: CONTINUANCE OF NONCONFORMING USE OR STRUCTURE:
A. Any lawfully established use of a building or land, at the effective date hereof or of amendments hereto, that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein.
B. Any legal nonconforming building or structure may be continued in use, provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein. (Ord. 1301, 3-15-2004)
11-19-2: BUILDINGS UNDER CONSTRUCTION:
Any building for which a permit has been lawfully granted prior to the effective date hereof, or of amendments hereto, may be completed in accordance with the approved plans, provided construction is started within six (6) months and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building. (Ord. 1301, 3-15-2004)
11-19-3: DAMAGED BUILDINGS:
Any nonconforming building or structure which has been or may be damaged by fire, flood, explosion, earthquake, war, riot or other act of God, may be reconstructed and used as before if it be done within twelve (12) months of such calamity unless damaged more than fifty percent (50%) of its fair market value, as determined by the zoning board of appeals, at the time of such damage, in which case, reconstruction shall be in accordance with the provisions of this title. (Ord. 1301, 3-15-2004)
11-19-4: DISCONTINUANCE; CHANGE OF USE:
No nonconforming building, structure or use of premises on or in which the nonconforming use has been discontinued for more than one year can be devoted again to a nonconforming use. No building, structure or use of premises on or in which a nonconforming use has been changed to a permitted use can again be devoted to a nonconforming use. (Ord. 1301, 3-15-2004; amd. 2011 Code)
11-19-5: REMOVAL OR CHANGE OF CERTAIN STRUCTURES:
Any building or structure devoted to a nonconforming use with a fair market value of less than five hundred dollars ($500.00), as determined by the zoning board of appeals, may be continued for a period not to exceed three (3) years after the effective date hereof, where upon such nonconforming use shall be removed or changed to a conforming use. (Ord. 1301, 3-15-2004)
11-19-6: CERTAIN NONCONFORMING USES TO BE ENCLOSED:
Any legal nonconforming use shall be enclosed on all sides by a solid wall or tight board fence eight feet (8') high if said use includes storage, repair or maintenance of vehicles, equipment or materials on the premises and not within the building. Said wall or fence shall be maintained to the satisfaction of the building inspector. Any use so described that is in existence at the effective date hereof shall comply with said fencing requirement within one hundred eighty (180) days of said effective date. (Ord. 1301, 3-15-2004)
11-19-7: ENLARGEMENT OR ALTERATION OF NONCONFORMING BUILDINGS AND USES:
A. A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and only if the required yards for the district in which it is located are maintained for such enlargement, except as provided under section 11-3-4 of this title.
B. No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.
C. No nonconforming building in any residential district shall be so altered as to increase the number of dwelling units therein.
D. No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed at the effective date hereof, or to displace any conforming use in the same building or the same parcel. (Ord. 1301, 3-15-2004)
Milan City Zoning Code
CHAPTER 19
NONCONFORMING USES, STRUCTURES AND PREMISES
11-19-1: CONTINUANCE OF NONCONFORMING USE OR STRUCTURE:
A. Any lawfully established use of a building or land, at the effective date hereof or of amendments hereto, that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein.
B. Any legal nonconforming building or structure may be continued in use, provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein. (Ord. 1301, 3-15-2004)
11-19-2: BUILDINGS UNDER CONSTRUCTION:
Any building for which a permit has been lawfully granted prior to the effective date hereof, or of amendments hereto, may be completed in accordance with the approved plans, provided construction is started within six (6) months and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building. (Ord. 1301, 3-15-2004)
11-19-3: DAMAGED BUILDINGS:
Any nonconforming building or structure which has been or may be damaged by fire, flood, explosion, earthquake, war, riot or other act of God, may be reconstructed and used as before if it be done within twelve (12) months of such calamity unless damaged more than fifty percent (50%) of its fair market value, as determined by the zoning board of appeals, at the time of such damage, in which case, reconstruction shall be in accordance with the provisions of this title. (Ord. 1301, 3-15-2004)
11-19-4: DISCONTINUANCE; CHANGE OF USE:
No nonconforming building, structure or use of premises on or in which the nonconforming use has been discontinued for more than one year can be devoted again to a nonconforming use. No building, structure or use of premises on or in which a nonconforming use has been changed to a permitted use can again be devoted to a nonconforming use. (Ord. 1301, 3-15-2004; amd. 2011 Code)
11-19-5: REMOVAL OR CHANGE OF CERTAIN STRUCTURES:
Any building or structure devoted to a nonconforming use with a fair market value of less than five hundred dollars ($500.00), as determined by the zoning board of appeals, may be continued for a period not to exceed three (3) years after the effective date hereof, where upon such nonconforming use shall be removed or changed to a conforming use. (Ord. 1301, 3-15-2004)
11-19-6: CERTAIN NONCONFORMING USES TO BE ENCLOSED:
Any legal nonconforming use shall be enclosed on all sides by a solid wall or tight board fence eight feet (8') high if said use includes storage, repair or maintenance of vehicles, equipment or materials on the premises and not within the building. Said wall or fence shall be maintained to the satisfaction of the building inspector. Any use so described that is in existence at the effective date hereof shall comply with said fencing requirement within one hundred eighty (180) days of said effective date. (Ord. 1301, 3-15-2004)
11-19-7: ENLARGEMENT OR ALTERATION OF NONCONFORMING BUILDINGS AND USES:
A. A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and only if the required yards for the district in which it is located are maintained for such enlargement, except as provided under section 11-3-4 of this title.
B. No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.
C. No nonconforming building in any residential district shall be so altered as to increase the number of dwelling units therein.
D. No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed at the effective date hereof, or to displace any conforming use in the same building or the same parcel. (Ord. 1301, 3-15-2004)