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 Mount Carmel
 Code of Ordinances
 Appendix A. ZONING
 Article XVII. NONCONFORMING USE

§ 17-1. Nonconforming use.  

Latest version.

  • The lawful use of land or buildings existing on the effective date of this ordinance may be continued even though such use does not conform to the regulations specified by this ordinance for the district in which such land or building is located, subject to the following conditions and specifications:

    A.

    A nonconforming use of land (outside of a building) may be continued, provided, however, that no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property. If such nonconforming use of land or any portion thereof is discontinued for a continuous period of one year, or changed, any future use of such land shall be in conformity with the provisions of this ordinance.

    B.

    A nonconforming use of a building may be continued as hereafter provided:

    1.

    If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification, however, the use of such building may not thereafter be changed to a less restricted use. These provisions shall also apply to nonconforming uses in districts hereafter changed.

    2.

    Any nonconforming building which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of more than 50 percent of its reproduction value shall thereafter conform to the regulations of this ordinance. When damaged less than 50 percent of its reproduction value, a nonconforming building may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction are completed within one year of the date of such damage.

    3.

    No nonconforming building shall be enlarged or structurally altered except to make it a conforming building.

    4.

    No nonconforming use of a building may be moved to any other part or parcel of land upon which same was conducted at the time of the effective date of this ordinance.

    5.

    Any nonconforming signs or billboards shall be removed within a period of two years from the effective date of this ordinance.

(Ord. No. 234, § 17-1, 8-2-71)