Chapter 17.112 NONCONFORMING USES

Chapter 17.112
NONCONFORMING USES

Sections:

17.112.020 Discontinuance of nonconforming uses.

17.112.030 Expansion of a nonconforming use.

17.112.010 Continuing existing uses.

Any use of land, building or structure, lawfully established and lawfully existing at the time these regulations or amendments thereto become effective, may be continued, even though such use does not conform with these regulations or amendments thereto for the zoning district in which it is located. Uses in violation of the Navajo County Zoning Ordinance governing land use prior to incorporation of the Town are not a lawfully existing use and shall not qualify as a nonconforming use under these regulations. (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(2201))

17.112.020 Discontinuance of nonconforming uses.

A. In the event that a nonconforming use of land, building or structure is discontinued for a period of six (6) consecutive months, any future use thereof shall be in conformity with these regulations.

B. In the event that a nonconforming use of land, building or structure is destroyed by fire, explosion, act of God or act of the public enemy to the extent that seventy-five (75%) percent of its value, according to the appraisal thereof by competent appraisers, then and without further actions by the Town Council the future use thereof shall from and after the date of such destruction be subject to all these regulations or amendments thereto for the zoning district in which such future use is located. (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(2202))

17.112.030 Expansion of a nonconforming use.

A nonconforming use of land, building or structure shall not be enlarged, extended, reconstructed or structurally altered unless such enlargement, extension, reconstruction or structural alteration, and further use of such property conform with these regulations, for the zoning district in which such property is located. Nothing in this section shall prohibit reasonable repairs to a nonconforming use of land, building or structure. (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(2203))

17.112.040 Change of nonconforming use.

A nonconforming use shall not change to another nonconforming use unless the proposed use conforms to the zoning district in which such proposed use is located. (Ord. 15-393 § 1 (part): Ord. 90-82 § (1)(2204))