The lawful use of a building existing at the time of the adoption of this title may be continued although such use does not conform with the provisions hereof. A nonconforming use occupying a part of a building may be extended throughout that part of a building designed for such use, but no addition shall be made which will provide an expansion of the nonconforming use. (1965 Code)
11-9-2: CHANGING TO HIGHER CLASSIFICATION:
A nonconforming use may be changed to a use of the same or higher classification according to the provisions of this title. Whenever a district shall be hereafter changed, any then existing nonconforming use in such changed district may be continued or changed to a use of a similar or higher classification; provided, all other regulations governing the new use are complied with. Whenever a nonconforming use of a building or premises has been discontinued for a period of one year or changed to a higher classification or to a conforming use, such nonconforming use shall not thereafter be reestablished or changed to a use of a lower classification.
No building which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its value shall be repaired or rebuilt except in conformity with the regulations of this title. (1965 Code)
11-9-3: INCIDENTAL USES:
Unless otherwise prohibited or restricted, a permitted use also allows uses, buildings and structures incidental thereto if located on the same premises or building plot. However, such uses or accessory buildings shall not be established or erected prior to the establishment or construction of the principal use or building and shall be compatible with the character of the principal use. A professional office or home occupation may be conducted in connection with any dwelling. (1965 Code)
11-9-4: PROFESSIONAL OFFICE; DISPLAY OF SIGN:
A professional office in a residential district may display an informational sign relating thereto having an area of not to exceed two (2) square feet. A home occupation in a residential district shall not use or exhibit any sign or display to advertise such occupation. (1965 Code)
11-9-5: BULLETIN BOARDS PERMITTED:
Church or public building bulletin boards may be erected in a residential district; provided such bulletin boards shall not exceed twenty four (24) square feet in area. (1965 Code)
11-9-6: RENTING OF ROOMS IN RESIDENTIAL DISTRICTS:
(Rep. by Ord. 2004-04, 3-9-2004)
11-9-7: FOR SALE SIGNS:
(A) Residential Districts Zoned A, B, C And D: In residential districts zoned A, B, C and D, it shall be permissible to erect one sign advertising subject property as "for sale". Said sign shall be no larger than eighteen inches (18") in height by thirty two inches (32") in width. Sign shall be erected parallel to the front side of the property on which it is located, and shall not exceed five feet (5') in height over existing grade. Sign shall also be placed no closer than six feet (6') from the front property line, if proper setback from the front property line does not exist then sign shall be placed as close to the structure as possible. Under no circumstances shall any sign be erected on village right of way, or easement.
(B) Permit And Fees: Prior to the erection of any signs advertising property as "for sale" an application must be filled out and approved by the village building department. The fee for said permit shall be twenty five dollars ($25.00), payable to the village. Said permit shall be good for a period of six (6) months. If after a period of six (6) months said sign is still needed a new permit must be applied for.
Any person convicted of a violation of this section shall be fined in a sum not to exceed five hundred dollars ($500.00) for any one offense and a separate offense shall be deemed committed upon each day such violation continues. (Ord. 94-24, 9-28-1994)
Posen City Zoning Code
CHAPTER 9
NONCONFORMING AND INCIDENTAL USES
11-9-1: CONTINUANCE OF NONCONFORMING USE:
The lawful use of a building existing at the time of the adoption of this title may be continued although such use does not conform with the provisions hereof. A nonconforming use occupying a part of a building may be extended throughout that part of a building designed for such use, but no addition shall be made which will provide an expansion of the nonconforming use. (1965 Code)
11-9-2: CHANGING TO HIGHER CLASSIFICATION:
A nonconforming use may be changed to a use of the same or higher classification according to the provisions of this title. Whenever a district shall be hereafter changed, any then existing nonconforming use in such changed district may be continued or changed to a use of a similar or higher classification; provided, all other regulations governing the new use are complied with. Whenever a nonconforming use of a building or premises has been discontinued for a period of one year or changed to a higher classification or to a conforming use, such nonconforming use shall not thereafter be reestablished or changed to a use of a lower classification.
No building which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its value shall be repaired or rebuilt except in conformity with the regulations of this title. (1965 Code)
11-9-3: INCIDENTAL USES:
Unless otherwise prohibited or restricted, a permitted use also allows uses, buildings and structures incidental thereto if located on the same premises or building plot. However, such uses or accessory buildings shall not be established or erected prior to the establishment or construction of the principal use or building and shall be compatible with the character of the principal use. A professional office or home occupation may be conducted in connection with any dwelling. (1965 Code)
11-9-4: PROFESSIONAL OFFICE; DISPLAY OF SIGN:
A professional office in a residential district may display an informational sign relating thereto having an area of not to exceed two (2) square feet. A home occupation in a residential district shall not use or exhibit any sign or display to advertise such occupation. (1965 Code)
11-9-5: BULLETIN BOARDS PERMITTED:
Church or public building bulletin boards may be erected in a residential district; provided such bulletin boards shall not exceed twenty four (24) square feet in area. (1965 Code)
11-9-6: RENTING OF ROOMS IN RESIDENTIAL DISTRICTS:
(Rep. by Ord. 2004-04, 3-9-2004)
11-9-7: FOR SALE SIGNS:
(A) Residential Districts Zoned A, B, C And D: In residential districts zoned A, B, C and D, it shall be permissible to erect one sign advertising subject property as "for sale". Said sign shall be no larger than eighteen inches (18") in height by thirty two inches (32") in width. Sign shall be erected parallel to the front side of the property on which it is located, and shall not exceed five feet (5') in height over existing grade. Sign shall also be placed no closer than six feet (6') from the front property line, if proper setback from the front property line does not exist then sign shall be placed as close to the structure as possible. Under no circumstances shall any sign be erected on village right of way, or easement.
(B) Permit And Fees: Prior to the erection of any signs advertising property as "for sale" an application must be filled out and approved by the village building department. The fee for said permit shall be twenty five dollars ($25.00), payable to the village. Said permit shall be good for a period of six (6) months. If after a period of six (6) months said sign is still needed a new permit must be applied for.
Any person convicted of a violation of this section shall be fined in a sum not to exceed five hundred dollars ($500.00) for any one offense and a separate offense shall be deemed committed upon each day such violation continues. (Ord. 94-24, 9-28-1994)