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Plain City City Zoning Code

CHAPTER 11

NONCONFORMING BUILDINGS AND USES

10-11-1: MAINTENANCE, REPAIRS AND UPKEEP:

   A.   A nonconforming building or structure may be maintained.
   B.   Repairs and structural alterations may be made to a nonconforming building.
   C.   A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or act of God, or the public enemy, to the extent of not more than two and one-half (21/2) times its assessed value at the time, may be restored and the occupancy or use of such building, structure, or part thereof, which existed at the time of such partial destruction, may be continued or resumed; provided, that such restoration is started within a period of one year and is diligently prosecuted to completion. In the event such damage or destruction exceeds two and one-half (21/2) times the assessed valuation of such nonconforming building or structure, no repairs or reconstruction, except in the case of dwelling structures and other nonhazardous nonconforming uses, determined as such by the hearing officer, shall be made. The nonconforming building, when reconstructed, must not exceed the nonconforming status held before destruction. (Ord., 11-14-1974; amd. Ord. 2020-09, 5-21-2020)

10-11-2: ADDITIONS, ENLARGEMENTS AND MOVING:

   A.   A building or structure nonconforming as to use regulations shall not be added to or enlarged in any manner, unless such building or structure, including such additions and enlargements, is made to conform to all the regulations of the district in which it is located.
   B.   A building or structure nonconforming as to height, area or yard regulations shall not be added to or enlarged in any manner unless such addition and enlargement conforms to all the regulations of the district in which it is located.
   C.   A building or structure lacking sufficient automobile parking space in connection therewith as required by this title may be altered or enlarged, provided additional automobile parking space is supplied to meet the requirements of this title for such alterations or enlargements.
   D.   No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, unless every portion of such building or structure is made to conform to all the regulations of the district in which it is located. (Ord., 11-14-1974)

10-11-3: ABANDONMENT OF BUILDING BY NONUSE:

A nonconforming building or structure, or portion thereof, shall be deemed abandoned by nonuse during a continuous period of one year. If a nonconforming building or structure, or portion thereof, has been or shall be abandoned, the same shall not thereafter be occupied or used except for a use which conforms to the use regulations of the zone in which it is located. (Ord., 11-14-1974)

10-11-4: NONCONFORMING USE OF BUILDINGS:

   A.   The nonconforming use of a building or structure existing at the time the applicable zoning regulations became or becomes effective may be continued.
   B.   A vacant nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended if so occupied within a period of one year after the building or structure became nonconforming.
   C.   A nonconforming use may be extended to include the entire floor area of the existing building in which it was conducted at the time the use became nonconforming.
   D.   Except by permit of the hearing officer, as provided in title 2, chapter 2 of this code, the nonconforming use of a building or structure may not be changed except to a conforming use; but where such change is made to a conforming use, the use shall not thereafter be changed back to a nonconforming use. (Ord., 11-14-1974; amd. Ord. 2020-09, 5-21-2020)

10-11-5: ABANDONMENT OF USE OF BUILDING BY NONUSE:

The nonconforming use of a building or structure or portion thereof shall be deemed abandoned by nonuse during a continuous period of one year. If a nonconforming use of any such building or structure or portion thereof has been or shall be abandoned, the same shall not thereafter be occupied or used except for a use which conforms to the use regulations of the zone in which it is located. (Ord., 11-14-1974)

10-11-6: ABANDONMENT OF USE OF LAND BY NONUSE:

A nonconforming use of a tract of land, or portion thereof, may be continued. No such nonconforming use of land shall in any way be expanded or extended either on the same or any adjoining tract of land. A nonconforming use of land shall be deemed vacant by nonuse immediately upon permanent discontinuation of the nonconforming use. If a nonconforming use of land has been or shall be zoned vacant, such land shall not thereafter be used or occupied except for a use which conforms to the use regulations of the zone in which the use is located. (Ord., 11-14-1974)

10-11-7: NONCONFORMING USE COMPLIANCE:

Any building or structure or use for which a valid building permit has been issued and actual construction was lawfully begun prior to the effective date hereof, or amendments to the ordinance codified herein, may be completed and used in accordance with the plans, specifications and permit on which said building permit was granted. Actual construction is hereby defined to be: the actual placing of construction materials in their permanent position, fastened in a permanent manner, actual work in excavating a basement or the demolition or removal of an existing structure begun preparatory to rebuilding; provided that in all cases actual construction work shall be diligently carried on until the completion of the building or structure involved. (Ord., 11-14-1974)

10-11-8: SIGNS PERMITTED WITH NONCONFORMING USES:

The permitted sign regulations for a nonconforming use are as set forth in chapter 12 of this title. (Ord., 11-14-1974)