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West Frankfort City Zoning Code

CHAPTER 17

40 - NONCONFORMING USES

17.40.010 - Nonconforming use designated.

Any building or use of a building or land lawfully existing at the time of the passage of the ordinance codified in this title which does not conform to the regulations of this title shall be known as nonconforming and may remain, and the use or location thereof be continued, as provided in this chapter.

(Ord. B-22 Art. 11 § 1, 1962).

17.40.020 - Enlargement, extension or alteration of nonconforming use.

No existing building which does not conform to the use, area or density regulations of the district in which such building is located shall be enlarged, extended, or structurally altered unless such use or location is changed to a use or location permitted in the district in which such building or structure is located. A nonconforming use occupying a part of a building shall not be extended beyond that part of a building originally designed for such use and in no case shall any addition be made which will provide for the expansion of the nonconforming use. A nonconforming use on land shall not be extended.

(Ord. B-22 Art. 11 § 2, 1962).

17.40.030 - Discontinued use not to be reestablished.

A nonconforming use which is discontinued, or its normal operation stopped for a period of twelve months, shall not thereafter be reestablished.

(Ord. B-22 Art. 11 § 3, 1962).

17.40.040 - Ordinary repairs permitted.

Only ordinary repairs and maintenance, including replacement of roof covering, shall be permitted on any building devoted to a nonconforming use. In no case shall such repairs include structural alterations.

(Ord. B-22 Art. 11 § 4, 1962).

17.40.050 - Single-family or two-family dwellings.

The provisions of Sections 17.40.020, 17.40.030 and 17.40.040 shall not apply to any single-family or two-family dwelling that is a nonconforming use; provided, however:

A.

No nonconforming single-family or two-family dwelling shall be changed into a use not permitted in the district in which such nonconforming dwelling is located; and

B.

Any extension, structural alteration, enlargement or relocation of such single-family or two-family dwelling shall conform to the height, area and density regulations required of such dwellings in the R-1 district.

(Ord. B-22 Art. 11 § 5, 1962).

17.40.060 - Public service or utility uses.

The council of the city may, after public notice and hearing, authorize in any district a structure or premises to be used by a public service corporation or for public utility or municipal, state or federal purposes which it deems reasonably necessary for the public convenience and welfare. Any right-of-way or passenger station grounds now used for railroad purposes or any right-of-way now used for public utility, municipal, state or federal purposes in any district shall be considered a conforming use.

(Ord. B-22 Art. 11 § 6, 1962).

17.40.070 - Applicability if districts are changed.

The provisions of this chapter shall also apply to nonconforming uses in districts hereafter changed.

(Ord. B-22 Art. 11 § 7, 1962).