Tully Town City Zoning Code
§ 280-12
Nonconforming uses and exceptions.
A.
Existing special authorization.
(1)
Any land use existing on the effective date of this chapter which has previously been duly authorized by a variance, special authorization or other similar permit, may be continued in compliance with the terms and conditions of the original authorization.
(2)
If the terms of this chapter, as amended, are more restrictive, any subsequent modification, enlargement or change of the land use shall be subject to the provisions of this chapter as if it were a new use.
B.
Nonconforming use or structure.
(1)
Any structure or land use that is lawfully existing on the effective date of this chapter, as it may be amended, and that does not conform to the regulations of this chapter, is a nonconforming use and may be continued.
(2)
The right to continue a nonconforming use shall cease if it has been inactive for a period of one-year after notification thereof by the Zoning Administrator.
(3)
A nonconforming use may not be altered, repaired, modified, replaced, relocated or converted unless on the same lot in a way that does not change the use or increase the degree of nonconformity, except upon special authorization by the Board of Appeals.
C.
Nonconforming lot. Any lot existing on the effective date of this chapter, as amended, that has an area or width less than that specified in Schedule II[1] hereof, may be used for any purpose permitted in the district but there shall be compliance with all other regulations (use, yards, height, etc.) prescribed for the district. Notwithstanding the above, if the owner of such undersized lot also owns adjacent land that could be used to bring the undersized lot into compliance, this should be done when feasible. Approval of new construction or rebuilding on any undersized lot in the R-3 District shall be subject to approval of the proposed sewage disposal system.
[1]
Editor's Note: Schedule II is included at the end of this chapter.
D.
Existing violations. Any land use existing on the effective date of this chapter, as it may be subsequently amended, that was in violation of any prior regulations or of any special authorization, shall become lawful only to the extent that the activity complies with this chapter.
E.
Development under existing permit. Development of any land use for which all necessary permits have been issued prior to the effective date of this chapter, as amended, may be completed despite the fact that the development would result in a nonconforming use. However, such permits shall expire one year from the date of issuance unless any construction involved has been substantially completed.