Roosevelt City Zoning Code
ARTICLE IX
Non-conforming Uses and Structures
§ 9.100 Continuation of Use.
A use, building or structure, lawfully in existence at the effective date of this ordinance, which shall be made nonconforming at the passage of this ordinance or any applicable amendment thereto, may be continued except as otherwise provided in this article. Any nonconforming use, building, structure or lot may change ownership and continue to function as the same nonconforming use, building, structure or lot, provided that all other conditions of this article are met.
§ 9.200 Regulation of Nonconforming Uses.
No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use, or when required to do so by law, and except as follows:
§ 9.210 Restoration and Reconstruction.
Any nonconforming use or structure damaged by fire, casualty or act of God may be repaired and used as before, provided that the floor area of such use, building or structure shall not exceed the floor area or building volume which existed prior to such damage. All repairs shall be completed within one year after damages occur or such use shall not be rebuilt except as a conforming use. In the event total destruction occurs or the Building Inspector authorizes the resumption of said use or rebuilding of said structure, then the provisions of Section 9.300 shall apply.
§ 9.220 Repairs.
a.
Normal maintenance repair and incidental alteration of a structure containing a nonconforming use are permitted, provided they do not extend the area or volume of space occupied by the nonconforming use.
b.
A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability. No alterations may be made which would increase the number of dwelling units.
§ 9.300 Reconstruction.
When a nonconforming use or structure is destroyed or damaged beyond repair, and the owner or tenant of said use or structure desires to rebuild for any reason, the Planning Board may authorize such rebuilding if the rebuilding would not constitute a substantial enlargement of the use and if the rebuilding would provide better aesthetics, higher setbacks or assist in alleviating existing nuisance characteristics.
§ 9.410 Abandonment.
A nonconforming use shall be considered abandoned and may not be revived.
§ 9.420 Conversion to Permitted Use.
Any nonconforming use or structure which has been changed to a conforming status shall not be revived as a nonconforming use.
§ 9.430 Subsequent Use.
If a nonconforming use has been abandoned or converted to a permitted use, the subsequent uses shall only be those permitted in that zoning district.