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Wayne County Unincorporated
City Zoning Code

ARTICLE X

- NONCONFORMING USES

Section 100. - Intent.

Within the districts established by this ordinance, there may exist lots, structures, or land uses which were lawful before this ordinance was passed but which would be prohibited or restricted under the terms of this ordinance. It is the intent of this ordinance to permit these nonconforming uses to continue until they are removed, subject to the provisions listed below. The nonconforming use shall not be:

a.

changed to another nonconforming use, but may be altered to decrease its nonconformity.

b.

enlarged or extended except in conformance with this ordinance.

c.

re-established after discontinuance for a period of one hundred eighty (180) days, except in conformance with this ordinance.

d.

rebuilt, altered, or repaired after damage exceeding sixty (60) percent of its replacement cost at the time of damage, as determined by the Zoning Enforcement Officer, unless such alteration or repair is in conformance with this ordinance.

e.

notwithstanding other provisions of this section, in the event that structures, land uses, or lot sizes become non-conforming by amendment to this ordinance adopted on November 7, 1992, with respect to the Airport Zone, the non-conforming use may be continued after partial or full destruction of a structure, if said structure is rebuilt to the same footprint; provided, however, that the structure may be rebuilt only if it otherwise complies with other regulations then in effect; and further provided, that construction or reconstruction must begin within one hundred and eighty (180) days of the damage or destruction. Lot sizes which become non-conforming by amendment adopted on November 17, 1992, with respect to the Airport zone, shall be able to be used if the lot or lots have been previously been approved by the Planning Board pursuant to the subdivision regulations and if a plat has been recorded in the Wayne County Registry.

Section 101. - Repairs and Maintenance.

101.1

Nothing in this ordinance shall prevent the restoring or strengthening of a nonconforming structure to a safe condition, provided that the cubic content shall not be increased.

101.2

Should any nonconforming structure be move[d] for any reason for any distance, it shall conform to the regulations for the district in which it is to be located.