9-12-1: CONTINUANCE OF NONCONFORMING BUILDINGS AND USES:
Any building or structure, or use of any building or structure or tract of land, lawfully existing or under construction at the effective date hereof or of a later amendment, but which does not conform with the requirements of this title, shall be known as a nonconforming use and may remain, and the use then being made thereof may be continued. However, any enlargement, alteration, relocation or change in use of such a building, structure or tract of land can be continued only as provided in this chapter. (Ord., 5-13-1968)
9-12-2: EXPANSION OF USE:
A. A nonconforming use occupying a part of a building or structure may be extended throughout that part of the building or structure originally designed for such use, or throughout the entire building or structure if of uniform design, but in no case shall an addition be made which will provide for the expansion of the nonconforming use.
B. A nonconforming use of land shall not be expanded beyond the area actually so used at the effective date hereof or of a later amendment creating the nonconforming use. (Ord., 5-13-1968)
9-12-3: DISCONTINUANCE, CHANGE OF USE:
A. Discontinuance Of Use: Any nonconforming use of a building, structure, or land which is discontinued for a period of six (6) months or more shall not be continued again, and any further use thereof shall be in conformity with the provisions of this title.
B. Change Of Use: A nonconforming use may not be changed except to a conforming use. A building which conforms as to use but does not conform as to height, lot area or yards may be altered or enlarged, provided the alteration or enlargement does not itself encroach or further encroach upon a required yard nor does not exceed or further exceed the maximum height requirement. No such additions or enlargement shall reduce the lot area per dwelling unit below the minimum required for each multiple- and two-family dwelling unit. (Ord., 5-13-1968)
9-12-4: DESTRUCTION OR DAMAGE TO BUILDINGS; REPAIRS:
A. Any building or structure devoted to a nonconforming use which may be destroyed or damaged by fire, or otherwise, to the extent of fifty percent (50%) or more of its full assessed value shall not be repaired or rebuilt, nor shall another building or structure be erected on the premises except in conformity with the provisions of this title.
B. So long as a building or structure is used or is eligible for use in a nonconforming manner, only ordinary repairs and maintenance, including replacement of the roof covering, shall be permitted. In no case shall such repairs include structural alterations, veneering of the outer walls, or other work which will extend appreciably the normal life of the building. (Ord., 5-13-1968)
9-12-5: RECORDS KEPT:
The
building commissioner shall make and keep a record, including photographs, of all buildings, structures, and land uses which do not conform to the use regulations of the district in which they are located. (Ord., 5-13-1968; amd. 2015 Code)
Toluca City Zoning Code
CHAPTER 12
NONCONFORMITIES
9-12-1: CONTINUANCE OF NONCONFORMING BUILDINGS AND USES:
Any building or structure, or use of any building or structure or tract of land, lawfully existing or under construction at the effective date hereof or of a later amendment, but which does not conform with the requirements of this title, shall be known as a nonconforming use and may remain, and the use then being made thereof may be continued. However, any enlargement, alteration, relocation or change in use of such a building, structure or tract of land can be continued only as provided in this chapter. (Ord., 5-13-1968)
9-12-2: EXPANSION OF USE:
A. A nonconforming use occupying a part of a building or structure may be extended throughout that part of the building or structure originally designed for such use, or throughout the entire building or structure if of uniform design, but in no case shall an addition be made which will provide for the expansion of the nonconforming use.
B. A nonconforming use of land shall not be expanded beyond the area actually so used at the effective date hereof or of a later amendment creating the nonconforming use. (Ord., 5-13-1968)
9-12-3: DISCONTINUANCE, CHANGE OF USE:
A. Discontinuance Of Use: Any nonconforming use of a building, structure, or land which is discontinued for a period of six (6) months or more shall not be continued again, and any further use thereof shall be in conformity with the provisions of this title.
B. Change Of Use: A nonconforming use may not be changed except to a conforming use. A building which conforms as to use but does not conform as to height, lot area or yards may be altered or enlarged, provided the alteration or enlargement does not itself encroach or further encroach upon a required yard nor does not exceed or further exceed the maximum height requirement. No such additions or enlargement shall reduce the lot area per dwelling unit below the minimum required for each multiple- and two-family dwelling unit. (Ord., 5-13-1968)
9-12-4: DESTRUCTION OR DAMAGE TO BUILDINGS; REPAIRS:
A. Any building or structure devoted to a nonconforming use which may be destroyed or damaged by fire, or otherwise, to the extent of fifty percent (50%) or more of its full assessed value shall not be repaired or rebuilt, nor shall another building or structure be erected on the premises except in conformity with the provisions of this title.
B. So long as a building or structure is used or is eligible for use in a nonconforming manner, only ordinary repairs and maintenance, including replacement of the roof covering, shall be permitted. In no case shall such repairs include structural alterations, veneering of the outer walls, or other work which will extend appreciably the normal life of the building. (Ord., 5-13-1968)
9-12-5: RECORDS KEPT:
The
building commissioner shall make and keep a record, including photographs, of all buildings, structures, and land uses which do not conform to the use regulations of the district in which they are located. (Ord., 5-13-1968; amd. 2015 Code)