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Anderson City Zoning Code

CHAPTER 17

56 - NONCONFORMING USES

17.56.010 - Existing land uses.

The lawful use of land existing at the time of the adoption of this title, although such use does not conform to the regulations specified in this title for the district in which such land is located, may be continued; provided, that no such use shall be enlarged or increased nor extended to occupy a greater area than that occupied by such use at the time of the adoption of this title, and that if any such use ceases, the subsequent use of such land shall be in conformity to the regulations specified by this title for the district in which such land is located, except that all of the following uses (wrecking yards, salvage yards, blacksmith shops, contractors' yards, equipment yards and truck terminals) shall be enclosed by a solid board or masonry fence at least six feet in height for fire protection and to prevent debris from scattering in the area; provided further, that no junk, dismantled cars or machinery shall be stacked higher than the fence. All of the above-stated uses shall comply with these special regulations or shall be moved entirely by July 1, 1961.

(Ord. 515 § 1 Exh. A (part), 1987)

17.56.020 - Existing building uses.

The lawful use of buildings existing at the time of the adoption of this title may be continued although such use does not conform to the regulations specified for the district in which such building is located.

(Ord. 515 § 1 Exh. A (part), 1987)

17.56.030 - Extension of use.

The nonconforming use of a portion of a building may be extended throughout the building; provided, that in each case, a use permit shall first be obtained.

(Ord. 515 § 1 Exh. A (part), 1987)

17.56.040 - Change of use.

The nonconforming use of a building may be changed to a use of the same or more restricted nature; provided, that in each case, a use permit shall first be obtained.

(Ord. 515 § 1 Exh. A (part), 1987)

17.56.050 - Abandonment of use.

A.

If the nonconforming use of the building or operations within a building cease for a continuous period of one year, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations of the district in which it is is located.

B.

Notwithstanding the provisions of subsection A of this section, a use permit may be granted for the operation of a nonconforming use of the same or more restricted nature if the following findings are made by the planning commission:

1.

Less than twenty-five percent of the parcels of real property wholly within a radius of three hundred feet and within the same or more restrictive zone are actually being used for a purpose authorized by the applicable zoning regulations;

2.

That the existing property and buildings thereon will be aesthetically improved by virtue of the proposed nonconforming use.

C.

No use permit authorized by this section shall issued for a period in excess of twenty-four months. The renewal of the use permit may be granted for successive twenty-four-month periods, provided that the planning commission, at a regular public hearing, makes the findings as set forth in subsections A and B of this section.

(Ord. 515 § 1 Exh. A (part), 1987)

17.56.060 - Restoration of damaged building.

A nonconforming building damaged or destroyed by fire, explosion, earthquake or other act to an extent of more than fifty percent of the appraised value thereof, according to the assessor's records, may be restored only if made to conform to all the regulations of the district in which it is located; provided, that such building may be restored to a total floor area not exceeding that of the former building if a use permit is first secured in each case.

(Ord. 515 § 1 Exh. A (part), 1987)

17.56.070 - Maintenance and repair.

Ordinary maintenance and repairs may be made to any nonconforming building; provided, that no structural alterations are made; provided further, that such work does not exceed fifteen percent of the appraised value in any one-year period. Other repairs or alterations may be permitted; provided, that a use permit shall first be secured in each case.

(Ord. 515 § 1 Exh. A (part), 1987)

17.56.080 - Buildings under construction.

Nothing contained in this title shall be deemed to require any change in plans, construction or designated use of any building for which a building permit has properly been issued in accordance with the provisions of chapters then effective, and upon which actual construction has been started prior to April 4, 1957; provided, that in all such case, actual construction shall be diligently carried on until completion of the building.

(Ord. 515 § 1 Exh. A (part), 1987)