[Ord. No. 2006.19 §1, 6-12-2006]
A. Non-conformities
may be incompatible with and detrimental to permitted land uses and
structures; they may inhibit present and future development of nearby
properties in accordance with the Comprehensive Plan; and they confer
upon their owners and users a position of unfair advantage. Therefore,
non-conformities are never to be expanded and should be abolished
or minimized as quickly as the fair interest of the parties will permit
to prohibit the creation of a nuisance. A use shall be considered
a legal non-conformity provided the following circumstances are satisfied:
1. It has been consistently in use after such effective date at the
same level or intensity as of the date of adoption or amendment of
this Chapter; and
2. If such non-conformity is a use, such use has not been expanded or
abandoned as hereinafter defined.
[Ord. No. 2006.19 §1, 6-12-2006]
A. The
lawful use of any building, structure or land existing at the time
of the enactment of these regulations may be continued, although such
use does not conform with the provisions of these regulations, provided
the following conditions are met:
1. A non-conformity shall not create a nuisance and the right to continue
such use shall terminate when inappropriate use of the premises produces
a condition which constitutes a nuisance.
2. The right to continue a non-conforming uses shall be subject to proper
maintenance of the premises and conditions of operations as may, in
the judgment of the Board of Adjustment, be reasonably required for
the protection of adjacent property.
3. All non-conformities shall comply with the specific regulations of
this Chapter.
[Ord. No. 2006.19 §1, 6-12-2006]
Conforming structures with permitted uses may be built on lots
of record that were made non-conforming by this Chapter as to dimensions
or area; provided however, that such structures shall conform as to
setbacks and all other regulations of this Chapter.
[Ord. No. 2006.19 §1, 6-12-2006]
A. Ordinary Repair And Maintenance. Maintenance and minor repairs
necessary to keep a non-conforming building in sound condition, as
may be required by law, shall be permitted. However, these regulations
shall never be construed to allow an addition to a non-conforming
use.
B. Major Rehabilitation Or Structural Alterations. A non-conforming
structure or structures devoted in whole or in part to a non-conforming
use shall not be extensively renovated, remodeled, rehabilitated nor
shall the structural systems of the building be altered, unless the
entire structure and use of the structure shall thereafter conform
to all provisions of this Chapter and of the zoning district in which
the use is located.
C. Damage, Decay, Destruction. In the event that any non-conforming
structure or any structure devoted in whole or in part to a non-conforming
use is extensively damaged or becomes extensively deteriorated or
is destroyed by any means to an extent greater than seventy-five percent
(75%) of its fair market value, such structure shall not be restored
except in conformity with all and applicable provisions of this Chapter,
including the regulations of the zoning district in which the building
is situated.
D. Extension. A non-conforming structure or use shall not be
extended, expanded or enlarged or intensified.
E. Moving. No non-conforming structure or structure that is
devoted in whole or in part to a non-conforming use shall be moved
in the whole or in part for any distance whatsoever, to any location
in the City of Desloge on the same or any other lot, unless the entire
structure and use thereof shall thereafter conform to all provisions
of the zoning district in which it is located after being so moved.
F. Change In Use. A non-conforming use shall not be changed
to any use other than a use permitted in the zoning district in which
the use is located. When a non-conforming use has been changed to
any permitted use, it shall not thereafter be changed back to a non-conforming
use.
G. Non-Conforming Accessory Uses. No use which is accessory
to a principal non-conforming use shall continue after such principal
non-conforming use shall cease or terminate.
H. Mobile Homes. All mobile homes not located in the "R-4"
Manufactured Home District shall be considered non-conforming. A lawfully
existing mobile home may be removed from the premises at any time,
however under no circumstances can another mobile home be moved onto
the property in its place or in addition to the original mobile home.
[Ord. No. 2006.19 §1, 6-12-2006]
A. Any
non-conforming use which has been abandoned shall not thereafter be
re-established. Any structure or land or structure and land in combination,
which was formerly devoted to a non-conforming use which has been
abandoned, shall not again be devoted to any use other than those
uses which are permitted in the district in which the structure or
land or structure and land in combination is situated.
B. The
term "abandonment", as used herein, shall mean the
voluntary discontinuance of a use, when accompanied by intent not
to re-establish such use. Any one (1) of the following shall constitute
prima facie evidence of intent to abandon:
1. Any positive act indicating such intent;
2. Any conscious failure to take all necessary steps to resume the non-conforming
use with reasonable dispatch under the circumstances, including advertising
the property for sale or for lease;
3. Any non-conforming use of land, structure or combination thereof
which has been abandoned for a continuous twelve (12) month period.