Blanding City Zoning Code

1. Defined ¹ : A "nonconforming use" shall be any use which, on the effective date hereof, or as a result of subsequent amendments thereto, does not conform to the permitted uses established for the district in which the "nonconforming use" is located.
2. Regulations:
3. A nonconforming use may be continued on the same land area and the same floor area as that which existed on the date when the use first became nonconforming.
4. A permitted use shall not be considered nonconforming for failure to comply with off street parking requirements and sign regulations.
5. A nonconforming use may be changed to a conforming use or to any use which is a permitted use in a more restrictive district than the district in which the nonconforming use is located.
6. The area occupied by a nonconforming use may not be enlarged or extended by more than twenty five percent (25%) of the total area of the use existing at the time it became nonconforming.
7. A nonconforming use which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned when:
8. The intent of the owner to discontinue the use is apparent; or
9. The characteristic equipment and the furnishings of the nonconforming uses have been removed and have not been replaced by similar equipment and furnishings within one year, subject to subsection B5c of this section; or
10. The building or premises are left vacant for a period of one year or more, subject to subsection B5d of this section; or
11. The use has been replace by a conforming use.
12. In regards to subsections B5b and B5c of this section, if a statement of intent to resume operations is filed with the board of adjustment before the expiration of the one year period, the period of discontinued use may be extended for an additional period not to exceed six (6) months. In no event, however, regardless of expressed intent, shall such discontinuance extend beyond a period of eighteen (18) consecutive months without the right to continue the nonconforming use being permanently terminated.
13. A nonconforming use shall terminate if the structure in which it is operated is damaged or destroyed from any cause whatsoever and the cost of repairing the damage exceeds sixty percent (60%) of the replacement cost of the structure on the date of the damage. However, if a statement of intent to repair the damaged structure is filed with the board of adjustments within thirty (30) days of the date of damage, and if such repair is begun within ninety (90) days of such date, the nonconforming use may be continued. The area of nonconforming use may not be enlarged or extended by more than the percentage set forth in subsection B4 of this section. Also, the owner, lessee or user of the particular structure must use his best efforts to see that the repairs are completed within six (6) months of the date of damage. The board of adjustment may, for good cause shown, and the owner, lessee or user shall have the burden of showing that he has diligently pursued the completion of the repairs, allow a maximum of six (6) 30-day extensions for the completion of the repair work. In no event, however, except upon a showing by the owner, lessee or user that he has diligently pursued having the repairs completed and otherwise used his best efforts to comply with the time limits of this section; and a showing of extraordinary circumstances that have prevented completion of the work within said time limits; and a showing that to terminate the right to continue the nonconforming use would result in an extreme hardship to the owner, lessee or user, shall the right to continue the nonconforming use continue beyond one year from the date of damage. 

NOTES:

1. See also definition at section 10-2-1 of this title.

HISTORY:

(Ord. 1978-1, 3-8-1978, as amended)

1. Defined: A "nonconforming structure" shall be any structure which on the effective date hereof, or as the result of subsequent amendments thereto, does not comply with the provisions of this title relating to setbacks, height and land area coverage.
2. Regulations:
3. A nonconforming structure may be altered, repaired or enlarged, provided its degree of nonconformity is not increased.
4. A nonconforming structure found to be unsafe by the building inspector may be restored to a safe condition. 

HISTORY:

(Ord. 1978-1, 3-8-1978, as amended)