APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\NONCONFORMING USES

The following lawful uses of land may be continued:

1.    A use of land which existed prior to the effective date of the original zoning regulations dated

2.    A use of land existing at the time of the annexation of such land to a City.

3.    A use of land existing at the time an amendment is made to the zoning regulations which changes such land to a more restricted district, although any such use does not conform to the provisions of this Regulation. However, if such nonconforming use, or another nonconforming use to which the land may be changed, is discontinued for a period of one year or more, then any future use of said premises shall be only in accordance with the provisions of the applicable zoning regulations.

The lawful use of a building located upon any land except as provided in Section 2 below, may be continued although such use does not conform with the provisions of the zoning regulations and such use may be continued throughout the building if no structural alterations are made therein, except those required by law or regulation. If no structural alterations are made in such building, a nonconforming use of the building may be changed to another nonconforming use of the same or more restricted use classification. The foregoing provisions shall also apply to any uses of buildings which may be made nonconforming by any subsequent amendment or change of the zoning regulations.

Nonconforming use which may not be continued:

1.    Whenever a nonconforming use of a building has been changed to a more conforming use, such use shall not thereafter be changed to a less conforming use.

2.    A building which has been damaged to the extent of more than 60 percent of its structural value by fire, explosion, act of God or public enemy shall not be restored, except in accordance with all applicable zoning regulations. In the event of a question as to the structural value of such a building, the same shall be determined by 3 appraisers; one of whom shall be selected by the Mayor, one of whom shall be selected by the owner of the building and the third appraiser to be selected by the two first so selected. If the first 2 appraisers so selected cannot agree on the selection of the third such appraiser, the Judge of the District Court shall be requested to appoint such third appraiser. - The decision of the appraisers or a majority of them, shall be final and conclusive and shall be binding upon all concerned for the purpose of determining whether the damaged property may be restored. The cost of such appraisal shall be paid by the property owner.

3.    The nonconforming use of a building or premises for the purpose of dismantling or wrecking automobiles or other vehicles of any kind, or for the purpose of storing junk, scrap iron and scrap material, including dismantled and wrecked automobiles or other vehicles, or other types of open storage, and which is located in other than “l-2” Heavy lndustrical District, shall be discontinued within 5 years from the effective date of this regulation, and the buildings or premises thereafter devoted to a use permitted in the district in which such buildings or premises are located.

4.    Signs which exist at the time of passage of this zoning regulation, but which are not in conformance with the use regulations shall be discontinued and the sign shall be removed within 5 years after the effective date of the zoning regulation.

5.    The storage of inoperable vehicles as set out in the supplementary district regulations of this regulation shall be discontinued and said inoperable vehicles shall be removed within 12 months after the effective date of the zoning regulation.