Whitesboro City Zoning Code
NONCONFORMING USES
§ 154.055 NONCONFORMING USES.
(A) Defined. A nonconforming use means the specific purpose or purposes for which land, a building, or a structure was:
(1) On the effective date of the ordinance(s) from which this chapter is derived, being lawfully operated or occupied in accordance with the provisions of said ordinance(s); or
(2) On or after the effective date of this chapter, being lawfully operated or occupied in accordance with this chapter but which purpose(s), by sole reason of amendment to this chapter, or other governmental action, is not permitted in the applicable district.
(B) Protections, regulations and restrictions.
(1) A nonconforming use existing at the date of enactment of this chapter, although such use does not conform to the provisions hereof, may be continued, but if the nonconforming use is discontinued for a period of 12 consecutive calendar months it shall not thereafter be resumed and any future use of such building or land shall occur solely in conformity with the applicable provisions of this chapter. The use of land, if changed from a nonconforming use, shall be in conformity with the provisions hereof.
(2) To avoid undue hardship, nothing in this chapter 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 effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently, without undue interruption. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently, without undue interruption.
(3) Nonconforming uses are hereby declared to be incompatible with permitted uses in the districts in which they are located. A nonconforming use of a building or structure, a nonconforming use of land, or a nonconforming use of buildings and land in combination shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved. A nonconforming use of a building or land shall not be extended unless changed to a conforming use.
(4) The total structure repairs or alterations in a building or structure that forms all or part of a nonconforming use shall not, during its life exceed 50% of the assessed value of the building unless changed to a conforming use.
(5) Whenever a nonconforming use involving a building or structure is changed to a use of a more restricted classification, such use shall not thereafter be changed to a use of a less restricted classification.
(C) Certificates of occupancy for nonconforming uses. A certificate of occupancy shall be required for all lawful nonconforming uses in accordance with § 154.042(K).
(Ord. 1249, passed 8- -25)
