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Beaver City Zoning Code

11.11 Nonconforming

Buildings And Uses

11.11.1 Maintenance Permitted

A nonconforming building or structure may be maintained.

HISTORY:

Ord. 41, 9-27-1994

11.11.2 Repairs And Alterations

Repairs or structural alterations may be made to a nonconforming building or to a building housing a nonconforming use.

HISTORY:

Ord. 41, 9-27-1994

11.11.3 Additions, Enlargements And Moving

A building or structure occupied by a nonconforming use and a building or structure nonconforming as to height, area or yard regulations shall not be added to or enlarged in any manner or moved to another location on the lot unless first approved by the Planning Commission. In approving such request, the Commission shall find that the proposed change does not impose any unreasonable burden upon the lands located in the vicinity of the nonconforming use or structure. A building or structure may be enlarged and added to if the enlargement or addition is being done for the purpose of causing such building or structure to be conforming with all regulations of the zone in which it is located.

HISTORY:

Ord. 41, 9-27-1994

11.11.4 Alterations Where Parking Insufficient

A building or structure lacking sufficient automobile parking area or space in connection therewith as required by this Title may be altered or enlarged, provided additional automobile parking space is supplied to meet the requirements of this Title for such alteration or enlargement.

HISTORY:

Ord. 41, 9-27-1994

11.11.5 Restoration Of Damaged Buildings

A nonconforming building or structure occupied by a nonconforming use which is damaged or is destroyed by fire, flood, wind, earthquake or other calamity or act of God, or the public enemy, may be restored and the occupancy or use of such building, structure, or part thereof, which existed at the time of such damage or destruction, may be continued or resumed; provided, that such restoration is started within a period of one year and is diligently pursued to completion. 

HISTORY:

Ord. 41, 9-27-1994

11.11.6 One-Year Vacancy

A building or structure, or portion thereof, occupied by a nonconforming use, which is, or hereafter becomes vacant, and remains unoccupied by a nonconforming use for a continuous period of one year, except for dwellings, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located. Any nonconforming use will be considered abandoned if not occupied for any one-year period, and may not be returned to such nonconforming use, if:

  1. The intent of the owner to discontinue the use is apparent; or
  2. The characteristic equipment and the furnishings of the nonconforming uses have been removed and have not been replaced by similar equipment and furnishings within one year; or
  3. The building or premises are left vacant for a period of one year or more.

HISTORY:

Ord. 41, 9-27-1994; amd. 2000 Code

11.11.7 Vacant Buildings Or Structures

A vacant building or structure may be occupied by a use for which the building or structure was designed or intended if so occupied within a period of one year after the use became nonconforming.

HISTORY:

Ord. 41, 9-27-1994

11.11.8 Continuation Of Use

The occupancy of a building or structure by a nonconforming use, existing at the time the Ordinance codified herein became effective, may be continued. 

HISTORY:

Ord. 41, 9-27-1994

11.11.9 Change Of Use

The nonconforming use of a building or structure may not be changed except to a conforming use; but where such change is made, the use shall not thereafter be changed back to a nonconforming use.

HISTORY:

Ord. 41, 9-27-1994

11.11.10 Nonconforming Use Of Land

The nonconforming use of land, existing at the time the Ordinance codified herein became effective, may be continued; provided, that no such nonconforming use of land shall in any way be expanded or extended either on the same or an adjoining property; and provided, that if such nonconforming use of land, or any portion thereof, is abandoned or changed for a period of one year or more, any future use of such land shall be in conformity with the provisions of this Title.

HISTORY:

Ord. 41, 9-27-1994