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REV103393
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REV103393
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Entry Properties
Last modified
8/25/2016 1:14:13 AM
Creation date
11/22/2007 1:05:55 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977210
IBM Index Class Name
Revision
Doc Name
IDENTIFICATION OF LEGAL ISSUES
Type & Sequence
AM3
Media Type
D
Archive
No
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b. The rule forbidding the enlargement or extension of <br />a nonconforming use does not prevent an increase in <br />the amount of use within the same area, so that a <br />nonconforming use may be not only continued but <br />also increased in volume and intensity. A <br />nonconforming use is not limited to the precise <br />magnitude thereof which existed at the date of the <br />ordinance, but may be increased by natural <br />expansion, and a nonconforming use is not <br />unlawfully enlarged or extended although the number <br />of employees has almost doubled. The natural <br />growth of a business or an increase in the amount <br />of business done is not a change from the non- <br />conforming use permitted by the zoning ordinance. <br />Union Quarries, inc. v. Board of County <br />Commissioners, supra. <br />c. The very nature and use of an extractive business <br />contemplates the continuance of such use of the <br />entire parcel of land without limitation or <br />restriction to the immediate area excavated at the <br />time the ordinance was passed. A gravel operation <br />has value only in the place where the resources are <br />found. The rock must be quarried at the site where <br />it exists, or not at all. Thus, the entire tract <br />is generally regarded as within the exemption of an <br />existing nonconforming use, although the entire <br />tract is not so used at the time of the passage or <br />effective date of the zoning ordinance. Gibbons 6 <br />Reed Com an v. North Salt Lake Cit 431 P.2d 59 <br />Uta 967 ; Count o Du Pa a v. Elmhurst-Chica o <br />Stone Co., 1 N.E. 0 I 960 Stuc rs v. <br />WinnT e6a o- Count Board of Ad'ustment, 3 N.w.2 <br />642 Wis.App. 987). <br />d. Lawful existing nonconforming uses are not <br />eradicated by mere change in ownership. Gibbons b <br />Reed Company v. North Salt Lake City, supra. <br />e. It is the general rule that the employment of <br />modern and more effective instrumentalities, not <br />previously used, in a nonconforming business or use <br />or in connection with a nonconforming building does <br />not constitute a prohibited expansion or <br />enlargement of the business, use or building. In <br />short, an owner can modernize facilities and employ <br />improved instrumentalities in connection with a <br />nonconforming building or use. However, the <br />instrumentalities must be ordinarily and reasonably <br />adapted to make the use in question available to <br />the owner, and moreover, the original nature and <br />purpose of the undertaking must remain unchanged. <br />- 6 - <br />
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