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Nauvoo City Zoning Code

CHAPTER 7

NONCONFORMING USES, STRUCTURES AND LOTS

10-7-1: STATEMENT OF INTENT:

Within the various districts established by this title or amendments that may later be adopted, there exist structures and uses of land and structures which were lawful prior to the adoption of this title but which would be prohibited, regulated or restricted under the provisions of this chapter. It is the intent of this chapter to permit these nonconformities to continue until they are removed but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. (Ord. 2001-2, 6-12-2001)

10-7-2: EXISTING NONCONFORMING USES:

The lawful nonconforming use of a structure or land existing at the time of the adoption or amendment of this title may be continued although the use does not conform with the provisions of this chapter; however:
   A.   Only that portion of the land in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.
   B.   Changes of use may be permitted by the zoning board of appeals if such changes will reduce the incompatibility of the nonconforming use with the neighboring uses. (Ord. 2001-2, 6-12-2001)

10-7-3: ABOLISHMENT OR REPLACEMENT:

If such nonconforming use is discontinued or terminated for a period of twelve (12) months, any future use of the structure or land, shall conform to the provisions of this chapter. When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy or other calamity to the extent of more than fifty percent (50%) of its replacement value, it shall not be restored except so as to comply with the use provisions of this chapter. Where a nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. (Ord. 2001-2, 6-12-2001)

10-7-4: EXISTING NONCONFORMING STRUCTURES:

The lawful nonconforming structure existing at the time of the adoption or amendment of this title may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this title; however, it shall not be extended, enlarged, reconstructed, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this title. (Ord. 2001-2, 6-12-2001)

10-7-5: CHANGES AND SUBSTITUTIONS:

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the zoning board of appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the zoning board of appeals. (Ord. 2001-2, 6-12-2001)

10-7-6: REQUIRED REPAIRS ON NONCONFORMING STRUCTURES:

Nothing in this chapter shall be deemed to prevent the restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon the order of such official. (Ord. 2001-2, 6-12-2001)