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Zoning
Article V. District Use Regulations
Article VI. Non-Conformances
Sec. 31-95. Non-Conforming Uses of Land.
Where, on November 16, 1981, lawful use of land exists that is made no
longer permissible under the terms of this chapter as enacted or amended,
such use may be continued so long as it remains otherwise lawful, subject
to the following provisions:
1. No such nonconforming use shall be enlarged or increased
nor extended to occupy a greater area of land to an extent greater the
25% of the total area of land occupied or used at the effective date
of adoption or amendment of this chapter.
2. No such nonconforming use shall be moved in whole or in part
to any other portion of the lot or parcel occupied by such use at the
effective date of adoption or amendment of this chapter, except as in
compliance with "1" above.
3. If any such nonconforming use of land is discontinued (see
definition) for any reason, any subsequent use of such land shall conform
to the regulations specified by this ordinance for the district in which
such land is located.
4. A nonconforming use must continue in substantially the same
form.
5. All intensity of use, height, yard, parking, etc., regulations
shall conform in all respects for the district in which it is located
when making any enlargement, increase or extension as permitted in "1" above.
Sec. 31-96. Nonconforming Structures.
Where a lawful structure exists on November 16, 1981, that could not be
built under the terms of this chapter by reason of restrictions on area,
lot coverage, height, yards or other characteristics of the structure
or its location on the lot, such structure may be continued as long as
it remains otherwise lawful, subject to the following provisions:
1. No such structure may be enlarged or altered in a way which
increases its nonconformity to an extent greater than 25% of the total
area of the structure occupied or used at the effective date of adoption
or amendment of this chapter.
2. Nothing in this chapter shall prevent the restoration of
a nonconforming building partially or completely destroyed by fire,
explosion, act of God or act of the public enemy, subsequent to November
16, 1981, or prevent the continuance of the use of such building or part
thereof, as such use existed at the time of such destruction of such
building or part thereof, or prevent a change of such existing use under
the limitations provided herein, provided an
application for a building permit to rebuild said structure is filed
with the City of Marshall within six (6) months from the date said structure
is destroyed and provided that new construction is completed and occupied
within 18 months from the date of the issuance of the building permit.
3. Should such structure be moved for any reason for any distance
whatever, it shall thereafter conform to the regulations for the district
in which it is located after it is moved.
Sec. 31-97. Nonconforming Uses of Structures.
If a lawful use of a structure, or of a structure and premises in combination,
exists on November 16, 1981, that would not be allowed in the district
under the terms of this chapter, the lawful use may be continued as long
as it remains otherwise lawful, subject to the following provisions:
1. No existing structure devoted to a use not permitted by this
chapter in the district in which it is located, shall be enlarged, extended,
constructed, reconstructed, moved or structures altered except in changing
the use of the structure to a use permitted in the district which it
is located, or as permitted under Section 31-95(1) and/or Section 31-95(2).
2. Any nonconforming use may be extended throughout any parts
of a building which were manifestly arranged or designed for such use
at the time of adoption or amendment of this chapter but no such use
shall be extended to occupy any land outside such buildings.
3. If no structural alterations are made, any nonconforming
use of a structure or structure and premises, may be changed to another
nonconforming use providing that the proposed use is equally appropriate
or more appropriate to the district than the existing nonconforming
use and that the proposed nonconforming use is not substantially different
from the existing use. Any proposed changes shall be approved by a majority
of the members of the City Council, present and voting, provided that
if any person residing within two
hundred and fifty (250) feet of the property upon which such use is situated
shall make his or her written remonstrance then the approval for the
operation of such a use may be permitted only by a two-thirds vote of
the members of the Council present and voting.
4. When a nonconforming use of a structure, or structure and
premises in combination, is discontinued or abandoned (see definitions),
the structure or structure and premises in combination shall not thereafter
be used except in conformance with the regulations of the district in
which it is located.
5. Where nonconforming use status applies to a structure and
premises in combination; removal or destruction of the structure shall
eliminate the nonconforming status of the land unless said removal or
destruction is by fire or natural disaster in which case reconstruction
will be permitted as provided under Section 31-95(1) and/or Section 31-95(2).
Sec. 31-98. Change of Property to More or Less Restrictive Classification.
A nonconforming use, if changed to a conforming use or more restricted
nonconforming use, may not thereafter be changed back to a less restricted
use than that to which it was changed. If any property is hereafter transferred
to a more restricted district by change in the district boundaries.
or the regulations and restrictions in any district are made more restrictive
or a higher classification by amendment to this chapter, the provisions
of this chapter relating to the nonconforming use of buildings or premises
existing on November 16, 1981, shall apply to buildings or premises
occupied or used at the time of passage of such amendment.Sec. 31-99.
Repairs and Maintenance.
On any building devoted in whole or in part to any nonconforming use,
work may be done in any period of 12 consecutive months on ordinary repairs,
or on repairs or replacement of nonbearing walls, fixtures, wiring or
plumbing.
Nothing in this chapter shall be deemed to prevent the strengthening or
restoring to a safe condition of any building or part thereof declared
to be unsafe by any official charged with protecting the public safety
upon order of such official.
Sec. 31-100. Extension of Existing Buildings, Time Limitation.
The provisions of this chapter shall not apply to prevent the extension
of any building existing in any district on the date of the passage of
this ordinance to the height to which the walls, foundation and framework
on such existing building originally were intended, designed and constructed
to carry; provided, however, that the actual construction of the extension
in height permitted by this section shall have been duly commenced within
ten (10) years from said date.
Secs. 31-101 thru 119. RESERVED
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