Millerton City Zoning Code
ARTICLE VI
Nonconforming Uses
§ 170-48 Continuation of use.
The lawful use of any land or a building or structure or a part thereof existing at the time that this chapter or any amendment thereto becomes effective may be continued, although such use does not conform with the provisions of this chapter, except as otherwise provided in this article.
§ 170-49 Termination of nonconforming use.
Discontinuance. Except for activities involving agriculture for animal husbandry as defined herein, when a nonconforming use of land or a building or a structure has been discontinued for a period of not less than one year, it shall not thereafter be reestablished and the future use of the land, building or structure shall be in conformity with the terms of this chapter.
§ 170-50 Change of nonconforming use.
No nonconforming use shall be changed to other than a conforming use for the district in which it is situated.
§ 170-51 Maintenance of nonconforming use.
A nonconforming use is hereby required to be maintained in such condition as will not constitute a danger to the safety, health or general welfare of the public. Alterations and extensions of the nonconforming use in order to comply with the provisions of this section are permitted, provided that such alteration or extension shall not tend to increase the inherent nuisance, nor shall such alteration or extension violate any provisions of this chapter regarding yards, lot area or lot coverage for the district in which it is situated or increase any existing violation of such provision.
§ 170-52 Damage of nonconforming use.
Any building or structure which does not conform to the terms of this chapter which is damaged by fire, flood or other act of God or man may be reconstructed, provided that no building shall be reconstructed, altered or added to extend farther into an already deficient yard space or reduce an already deficient yard space or reduce an already deficient land area.
§ 170-53 Expansion of nonconforming use.
A nonconforming use shall be permitted to expand to an amount not exceeding 50% of the aggregate building area as it existed at the time that this chapter or any amendment thereto became effective, except that no nonconforming use shall be permitted to violate any other provisions of this chapter relative to the district in which it is situated.
§ 170-54 Nonconforming use under construction.
A.
Nonconforming use under construction at the time of this enactment or subsequent amendment. No building or structure designed for or intended to be utilized for a nonconforming use shall be constructed, reconstructed or altered unless construction, reconstruction or alteration is already underway at the time of the enactment or subsequent amendment of this chapter is being diligently pursued so that such building or structure will be completed within 18 months from the time of the enactment or subsequent amendment of this chapter and unless the provisions of Subsection B below are observed.
B.
Permit to continue nonconforming use under construction at the time of this enactment. Not more than 30 days after the enactment of this chapter or any amendment hereto, a permit shall be obtained from the Zoning Enforcement Officer for each building or structure under construction as of the date of enactment of this chapter or any amendment hereto. Irrespective of whether such construction conforms with the terms of this chapter or any amendment hereto, any structure so permitted shall be allowed to be completed in accordance with plans filed at the time of the application for the permit. After filing of plans with the Zoning Enforcement Officer, alteration or additions to such plans except as may be in conformity with the terms of this chapter or any amendment hereto shall not be permitted.
[Amended 2-23-1998 by L.L. No. 1-1998]
C.
Failure to obtain permit to continue nonconforming use under construction at the time of this enactment. Construction of buildings or structures under construction at the time of the enactment of this chapter or any amendment hereto for which permits are not obtained as provided in Subsection B above shall be stopped 30 days after the enactment of this chapter or any amendment hereto and thereafter be permitted to continue only in accordance with the terms of this chapter or any amendment hereto after securing of a zoning permit as hereinafter provided.
[Amended 2-23-1998 by L.L. No. 1-1998]