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White County Unincorporated
City Zoning Code

ARTICLE IV

NON-CONFORMING LOTS, BUILDINGS AND USES

Section 401.- Purpose and intent.

Within the districts established by this resolution, there exist certain incompatible lots, buildings, structures, signs, and uses of land which were lawful before this resolution was adopted but which would be prohibited, regulated or restricted under the terms of this resolution or future amendments.

(Res. No. 2019-09, 6-4-19)

Section 402. - Non-conforming lots of record.

In any district, notwithstanding dimensional limitations imposed by other provisions of this resolution, a single-family dwelling and customary accessory buildings or any other permitted use may be erected on any single lot of record existing at the effected date of adoption or amendment of this resolution even though such lot fails to meet the requirements for area or width, or both, applicable to the particular district involved, provided that yard dimensions and other requirements of the lot shall conform to the regulations for the district in which the lot is located.

(Res. No. 2019-09, 6-4-19)

Section 403. - Continuance of non-conforming use.

The lawful use of any building, structure, sign or land existing at the time of enactment of this resolution may be continued even though such use does not conform with the provision of this resolution, except that the use of a principal building, structure or land containing a non-conforming use shall not be:

403.1 Changed to another non-conforming use;

403.2 Reestablished after discontinuance or abandonment for two years;

403.3 Expanded, enlarged or extended, unless such use is changed to a use permitted in the district in which such use is located;

403.4 Moved in whole or in part to any other portion of the lot occupied by such use, except in conformity with this resolution;

403.5 Changed to another land use district where the intended use is not a permitted use.

Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition any building, structure, or portion thereof, declared to be unsafe by an official charged with protecting the public safety or health, upon order of such official.

Changes in ownership or tenancy of a non-conforming use are permitted.

(Res. No. 2019-09, 6-4-19)

Section 404. - Expansion of non-conforming buildings.

A non-conforming building which contains a conforming use may be expanded, enlarged or extended, provided that any such additions meet the applicable yard and building setbacks, buffer and landscape strip requirements and all other regulations for the district in which it is located. This section shall not, however, be construed as to authorize the expansion of a non-conforming building for a use which is not permitted by the regulations for the district within which such building is located.

(Res. No. 2019-09, 6-4-19)

Section 405. - Buildings under construction.

Nothing in this article shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the adoption of this resolution.

(Res. No. 2019-09, 6-4-19)