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Auburn City Zoning Code

159 Non-Conforming

Uses And Buildings Sections 159.240-159.246

159.240 Non-Conforming Uses; Land

  1. The non-conforming use of land may be continued, transferred, and sold; provided, however, no such use shall be enlarged, increased or extended to occupy a greater area than that which the use lawfully occupied prior to becoming a non-conforming use, except as provided in § 159.246.
  2. If any such use ceases for a period of at least one year, the subsequent use of the land shall be in conformity to the regulations specified by this chapter for the district in which the land is located.

(1973 Code, § 9-4.1201) (Ord. 558, eff. - -; Am. Ord. 95-11, eff. 9-13-1995)

159.241 Non-Conforming Uses; Buildings; Continuation; Changes In Use; Presumption Of Abandonment

  1. The non-conforming use of a building may be continued, transferred and sold.
  2. If the non-conforming use of a building ceases for a continuous period of 1 year, it shall be presumed that the use has been abandoned, and, without further action by the Commission, the further use of the building shall be subject to all the regulations specified by this chapter for the district in which the building is located.

(1973 Code, § 9-4.1202) (Ord. 558, eff. - -)

159.242 Non-Conforming Uses; Buildings; Changes In Use To Same Or More Restricted

The non-conforming use of a building may be changed to a use of the same or more restricted nature.

(1973 Code, § 9-4.1203) (Ord. 558, eff. - -)

159.243 Non-Conforming Buildings; Damages; Repairs; Extensions Of Time

  1. If, at any time any non-conforming building is damaged or destroyed by fire, explosion, act of God, act of the public enemy, or by direction of the owner, the building may be rebuilt within 1 year to total floor area not exceeding that which the building originally contained and the building may continue as set forth in this subchapter for non-conforming uses and buildings.
  2. Applications for extensions of time for reasonable cause may be granted by the Council.

(1973 Code, § 9-4.1204) (Ord. 558, eff. - -)

159.244 Non-Conforming Buildings To Height And Yard Restrictions; Additions And Improvements

The enlargement, extension, reconstruction or structural alteration of a building, non-conforming only as to height and yard regulations, may be permitted if the additions or improvements conform to all the regulations of the district in which the building is located.

(1973 Code, § 9-4.1205) (Ord. 558, eff. - -)

159.245 Non-Conforming Buildings; Maintenance And Repairs

Ordinary maintenance and repairs may be made to any non-conforming building provided no structural alterations are made and provided the work does not exceed 15% of the appraised value of the building in any 1 year period, except as provided in § 159.246.

(1973 Code, § 9-4.1206) (Ord. 558, eff. - -; Am. Ord. 95-11, eff. 9-13-1995)

159.246 Non-Conforming Uses And Buildings; Expansion

Subject to the approval of a use permit, a non- conforming use or a non-conforming building may be altered, enlarged, increased or extended to occupy a greater area than that which the use lawfully occupied prior to becoming a nonconforming use.

(1973 Code, § 9-4.1207) (Ord. 95-11, eff. 9-13-1995)