[Ord. No. 06-04-01 §801, 4-25-2006]
A. Authority To Continue. The lawful use of any building, structure
or land existing at the effective date of this Chapter, April 25,
2006, may be continued although such use does not conform with the
provisions of this Chapter.
B. Repairs And Maintenance. Repairs and alterations necessary
for the general maintenance of a building or structure may be made
to a non-conforming building or structure, provided that no structural
alteration shall be made and further provided that this Section shall
never be construed to allow an addition to a non-conforming building
or structure. Structural alterations and/or additions may be allowed
in the event that the entire use, building or structure is brought
into conformance.
C. Damage Or Destruction. Any non-conforming building or structure
which is damaged, partially or fully destroyed by fire, flood, wind,
explosion, earthquake or other calamity or act of God, shall not be
repaired or rebuilt or used for the same purpose if the expense of
such repair or rebuilding exceeds sixty percent (60%) of the replacement
costs of the building or structure at the time such damage took place.
Any repair or replacement of a building or structure damaged in excess
of sixty percent (60%) of its replacement cost at the time of such
damage shall conform to all regulations of the zoning district in
which it is located.
D. Change In Use. When no structural alterations are made in
any building or structure devoted to a non-conforming use, the use
of the building or structure may change from one (1) use to another
use permitted in the zoning district in which the non-conforming use
is allowed, provided that the uses are similar to one another and
the proposed use is not more intense in terms of activity, traffic
generation and impacts on surrounding property. At such time a non-conforming
use changes to a conforming use, it shall not thereafter be changed
back to a non-conforming use.
E. Abandonment Or Discontinuance. When a non-conforming use of land or of a building or structure is abandoned or vacant for a period of one (1) year, no portion of the building or structure may be used except in conformity with the regulations. This provision shall not apply to non-conforming buildings or structures that are for sale with the intent of same or similar use, nor shall it apply to buildings or structures which are being repaired in accordance with Subsection
(B) above and further provided that such work proceeds and is completed in a timely fashion.
F. Expansions And Enlargement. No building or structure devoted
in whole or part to a non-conforming use shall be enlarged or added
to in any manner unless such building or structure and the use thereof
shall thereafter conform to the regulations of the district in which
it is located.
[Ord. No. 06-04-01 §802, 4-25-2006; Ord. No. 115 §6, 11-10-2015]
A. Except as hereinafter specified, farm animals, with the exception
of chicken hens, maintained on any residential zoned property at the
time of the effective date of the City of Fair Grove Zoning Regulations
adopted on May 21, 1996, may continue as a legal, non-conforming use,
subject to the following provisions:
1.
The number of farm animals shall not be increased, nor shall
any existing farm animal be replaced by a different species of farm
animal.
2.
When the resident at the time of the effective date of the Zoning
Regulations adopted on May 21, 1996, no longer occupies the property,
the maintenance of farm animals on the property shall cease, and the
property shall not be used except in conformity with the provisions
of the residential zoning district in which it is located.
[Ord. No. 06-04-01 §803, 4-25-2006]
Whenever the boundaries of a zoning district shall be changed
so as to transfer an area from one (1) district to another district
of a different classification or when boundaries or districts are
changed as a result of annexation of new territory or changes in the
regulations or restrictions of the zoning regulations, the foregoing
provisions shall also apply to any uses existing therein which may
so become non-conforming.
[Ord. No. 06-04-01 §804, 4-25-2006]
Nothing in this Article shall be interpreted as authority for
or approval of a continuance of the use of a structure, building or
land in violation of the regulations in effect at the time of the
effective date of this Chapter, April 25, 2006 or previously adopted
ordinance.