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Ada City Zoning Code

CHAPTER 1139

Nonconforming Uses

1139.01 DISCONTINUED USE.

   A nonconforming use existing on the effective date of this Zoning Ordinance may be continued provided however, that should such use be discontinued for a period of one (1) year or more, then such use shall be deemed abandoned and any further use of such premises or structure located on such premises shall be in conformity with this Zoning Ordinance for the applicable district. (Ord. 2016-08. Passed 12-6-16.)
 

1139.02 RECONSTRUCTION.

   Any building or structure, existing and in use as a nonconforming use on the effective date of this Zoning Ordinance may be reconstructed and restored, provided however the setbacks and that such reconstruction is commenced within one (1) year from the date of such destruction, and must be completed within two (2) years from start.
(Ord. 1986-06. Passed 5-27-86.)
 

1139.03 ALTERATION AND ENLARGEMENT.

   Any building or structure, existing and in use, or land devoted to a nonconforming use on the effective date of this Zoning Ordinance may not be altered and enlarged in a manner and form resulting in the extension or such nonconforming use, provided however, that the Board of Zoning and Building Appeals shall have the power to grant a variance under the provisions of Chapter 1179 hereof, allowing such extension under conditions as follows:
   (a)   The total alteration, enlargement, or extension of any existing structure or structures or the erection of additional structures shall not increase of such original structure or structures by a total of more than twenty-five (25%) percent.
   (b)   Such enlargement and/or extension shall not be detrimental in consideration of the surrounding neighborhood, but that the granting thereof shall remove an unnecessary hardship as to the owner thereof.
   (c)   The extension of such nonconforming use shall not reduce the minimum rear yard or parking area.
   (d)   When authorized by the Board, in accordance with the provisions of Chapter 1179, the substitution for a nonconforming use of another not more objectionable nonconforming use may be considered.
      (Ord. 1986-06. Passed 5-27-86.)
 

1139.04 STRUCTURES UNDER CONSTRUCTION.

   Any structure commenced as of the effective date of this Zoning Ordinance may be completed, although nonconforming if completed within one (1) year of the effective date of this Zoning Ordinance.   
(Ord. 1986-06. Passed 5-27-86.)