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Blue Ridge City Zoning Code

ARTICLE XIX

NONCONFORMING USES

Sec. 140-556.- Continuation of use.

A nonconforming use may be continued, but no nonconforming use which has been discontinued for a continuous period of 12 months shall be reestablished.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

Sec. 140-557. - Extension of use or building.

No nonconforming building or use shall be extended, nor shall its total value be enhanced, unless such extensions or alterations conform with the use and development provisions of the district in which it is located. However, such extension limitation shall not apply to maintenance of the appearance or structural condition of the nonconforming use or building. Furthermore, a nonconforming use may be extended throughout those interior parts of a building which were designed for such use prior to the advent of the nonconforming use status, even though such extension may enhance its total value.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

Sec. 140-558. - Building use and enlargement.

The uses permitted by this chapter may be established as a new use within any existing structure which does not conform with the development requirements of the district, provided the off-street parking requirements of that use are complied with, and provided further that if any structure or any part thereof is remodeled or rebuilt to an extent exceeding one-third of its then replacement value, exclusive of foundations, as determined by the zoning administrator, or if any additions or new structures are erected, the entire such building or structure must be in conformance with the development requirements of the district.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

Sec. 140-559. - Restoration.

Any nonconforming building or any building containing a nonconforming use, which has been damaged by fire or other causes may be reconstructed and used as before if it be done within one year of such damage, unless such building or structure has been declared by the zoning administrator to have been damaged to an extent exceeding 60 percent of its then replacement value, in which case any repair, reconstruction, or use shall be in conformity with the provisions of this chapter.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

Sec. 140-560. - Continued construction of a nonconforming use.

Any nonconforming use, nonconforming only as being in a district where such use is not permitted, if such nonconforming use was existing and established before the ordinance from which this chapter is derived became effective or amended, shall be permitted to continue construction until such time as contemplated construction is completed, provided such construction complies with all other district regulations pertaining to yard area, etc. This shall apply only to the immediate property which was recorded in the developer's name before the effective date of the ordinance from which this chapter is derived or amended. This shall not include signs and billboards, or junkyards.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

Sec. 140-561. - Reconstruction of nonconforming residential structures.

Notwithstanding anything in this chapter to the contrary, any nonconforming residential structure may be demolished and rebuilt, so long as the new structure does not extend beyond the footprint of the existing nonconforming structure.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)