Skip to main content
Loading…
SECTION B: REGULATIONS THAT APPLY IN ALL OR SEVERAL ZONES

PART 5: 
NONCONFORMING USES AND STRUCTURES
This part is included in your selections.
This section is included in your selections.

131.1 QUALIFICATION OF NONCONFORMING USE

Notwithstanding any other provision, a building or use shall not be deemed a nonconforming use if: (Former Section INL#317-61; Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)

131.1.1Such use would otherwise be a conforming use under the current provisions of this Code section except that it does not meet the lot size or yard requirements of the zone in which it is located. Such a use may be continued, altered, added to, or enlarged provided that any addition or enlargement shall comply with all of the regulations of the zone in which it is located; or (Former Section INL#317-61(a); Ord. 1104 Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)

131.1.2Such use is allowed in the zone in which it is located as a conditional use. However, no such use shall be enlarged, increased or structurally altered, nor be extended to occupy a greater area than that existing on the effective date of the application of these regulations to the subject property until a Special Permit for such use is first obtained. (Former Section INL#317-61(b); Ord. 1104 Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)

131.2 REGULATIONS CONTROLLING OTHER NONCONFORMING USES

131.2.1No accessory use to a principal nonconforming use shall continue after such principal use shall cease or terminate. (Former Section INL#317-63(g); Ord. 1104, Sec. 3, 10/5/76)

131.2.2The rights pertaining to a nonconforming use shall be deemed to pertain to the use itself, regardless of the ownership of the land or building on or in which such nonconforming use is conducted. (Former Section INL#317-63(h); Ord. 1104, Sec. 3, 10/5/76)

131.2.3All of the foregoing provisions relating to nonconforming uses shall apply to all nonconforming uses existing on the effective date of these regulations and to all uses that become nonconforming by reason of any Amendment thereof. However, any use established in violation of law, regardless of the time of establishment, is not a nonconforming use and shall not benefit from the provisions in this section. (For nonconforming buildings, see Section 314-132, Nonconforming Structures.) (Former Section INL#317-63(i); Ord. 1104, Sec. 3, 10/5/76))