New Harmony City Zoning Code
NONCONFORMING USES
§ 152.250 CONTINUANCE OF NONCONFORMING USE OR STRUCTURE.
(A) The lawful use of any land or structure, exactly as such existed at the time of the enactment of the ordinance codified in this chapter, may be continued even though such use or structure does not conform with the provisions of this chapter.
(B) Structure, or uses nonconforming by reason of height, yards, and area or parking provisions may be extended, altered, or modernized; provided, that no additional encroachment of the height, area, or parking provisions are occasioned thereby.
(Prior Code, § 17.68.010) (Ord. 1973-2, passed - -)
§ 152.251 UNLAWFUL USE NOT AUTHORIZED.
Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of regulations in effect immediately prior to the date of this chapter.
(Prior Code, § 17.68.020) (Ord. 1973-2, passed - -)
§ 152.252 CHANGE OF USE.
(A) The use of a nonconforming building may be changed to another nonconforming use if the Board finds that such new use would markedly decrease the degree of nonconformance and would enhance the desirability of adjacent conforming uses.
(B) This shall not be construed to permit the conversion of a nonconforming use to a prior nonconforming use nor waive the other provisions of this chapter.
(Prior Code, § 17.68.030) (Ord. 1973-2, passed - -)
§ 152.253 RESTORATION AND REPAIRS.
(A) Such repairs and maintenance work as are required to keep a nonconforming building or structure in a sound condition may be made.
(B) If a nonconforming building or structure is damaged or destroyed to the extent of 60% of its real value by fire, flood, wind, or other calamity, its reconstruction and re-use shall be in accordance with this chapter.
(C) (1) A nonconforming use damaged to a lesser extent may be restored to its size at the time prior to such damage and its use resumed.
(2) Any such restoration must be started within a period of one year of the time of such damage and diligently prosecuted to completion.
(Prior Code, § 17.68.040) (Ord. 1973-2, passed - -)
§ 152.254 NONCONFORMING DUE TO RECLASSIFICATION.
The provisions of this chapter shall also apply to building, land, or uses which hereafter become nonconforming due to any reclassification of districts or any subsequent change in the regulations of this chapter.
(Prior Code, § 17.68.050) (Ord. 1973-2, passed - -)
§ 152.255 NONCONFORMING USE DISCONTINUED.
No building or premises where a nonconforming use has ceased for more than 12 months shall be devoted to a nonconforming use except as provided in § 152.252.
(Prior Code, § 17.68.060) (Ord. 1973-2, passed - -)