Pennington City Zoning Code
ARTICLE V
Nonconforming Uses
§ 215-52 Continuation of use of existing buildings.
[Amended 4-6-1987 by Ord. No. 443]
Except as otherwise provided in this article, the lawful use of buildings existing at the date of the adoption of this chapter may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which such building is located; provided, however, that:
A.
No nonconforming lot shall be further reduced in size.
B.
No nonconforming building shall be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance; provided, however, that alterations or enlargements that do not increase the degree of nonconformity are permitted. Increasing the degree of nonconformity by construction or alteration is considered to be a further reduction of permitted front, side or rear yard setbacks or further increase over permitted lot coverage, further increase in permitted building height or further extension above the permitted building plane.
§ 215-53 Minimum lot size must be met.
[Added 4-6-1987 by Ord. No. 443; amended 9-11-2000 by Ord. No. 2000-6]
As of the effective date of this amendatory ordinance, no construction shall be permitted on vacant lots that do not meet the criteria for minimum lot size as provided for in § 215-66 of this chapter.
§ 215-54 Abandonment.
A nonconforming use shall be adjudged as abandoned when there occurs a cessation of any use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance.
§ 215-55 Restoration.
Any nonconforming structure existing at the time of the passage of this chapter may be restored or repaired in the event of partial destruction thereof, provided that said structure or use thereof is not abandoned. Nothing in this chapter shall prevent any such existing nonconforming structure from being restored to a safe condition or from being repaired, reconstructed or structurally altered, provided that such restoration, repair, reconstruction or alteration would comply with all other municipal regulations and ordinances; and provided, further, that no restoration, repair, reconstruction or alteration shall in any way enlarge or extend any nonconforming structure or nonconforming use.
§ 215-56 Reversion.
No nonconforming use shall, if once changed into a conforming use, be changed back again to a nonconforming use.
§ 215-57 Alterations.
A nonconforming building may be reconstructed but not enlarged or extended, unless said building is changed to a building conforming or more nearly conforming to the requirements of this chapter; provided, however, that alterations or enlargements that do not increase the degree of nonconformity are permitted.
§ 215-58 District boundary changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.