Blue Ridge City Zoning Code
§ 17
NONCONFORMING BUILDINGS AND USES.
The lawful use of any building, structure or land existing at the time of the enactment of this Ordinance may be continued although such use does not conform with provisions of this Ordinance, provided that the right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and shall terminate when inappropriate use of the premises produces a condition which constitutes a nuisance and further, the right of nonconforming uses to continue shall be subject to such regulations as the maintenance of the premises and conditions of operations as may, in the judgment of the City Council, be reasonably required for the protection of adjacent property and further, the right of nonconforming uses to continue shall be subject to the specific regulations herein contained.
17.1
NONCONFORMING BUILDINGS:
A.
OCCUPANCY PERMITTED: A nonconforming building or structure may be occupied except as herein provided.
B.
REPAIRS OR ALTERATIONS: Repairs or alterations may be made to nonconforming building or structures provided that no structural alterations shall be made except those required by law or ordinance. These regulations shall not be construed to allow any addition to a nonconforming building, except for the purpose of installing and enclosing sanitary facilities such as toilets and bathrooms.
C.
ADDITION, ENLARGEMENTS, MOVING: A nonconforming building or structure shall not be added to or moved or enlarged in any manner unless such are made to conform to all the requirements of the district in which such building or structure is located.
D.
RESTORATION OF DAMAGED BUILDINGS: A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, explosion, earthquake or other calamity, shall not be again restored or used for such purpose if the expense of such restoration exceeds seventy-five (75) percent of the replacement cost of the building or structure at the time such damage occurred. Any nonconforming building or structure partially destroyed may be restored, provided restoration is started within three (3) months of the date of partial destruction and is diligently prosecuted to completion. All repairs to a damaged nonconforming building or structure shall bring the building or structure into compliance with all the regulations of the district in which it is located.
17.2
NONCONFORMING USES OF BUILDING:
A.
CONTINUATION: Except as otherwise provided in this Ordinance the nonconforming use of the building or structure lawfully existing at the time of the effective date of this Ordinance may be continued.
B.
CHANGE: The use of nonconforming building or structure may be changed to a use of the same, or more restricted classification, but where the use of a nonconforming building or structure is hereafter changed to a use of a more restricted classification, it shall not thereafter be changed to a use of less restricted classification.
C.
OCCUPANCY: A vacant nonconforming building or structure lawfully constructed may be occupied for the use for which the building or structure was designated or intended, if so occupied within a period of three (3) months after the effective date of this Ordinance, and the use of a nonconforming building or structure lawfully constructed which becomes vacant after the effective date of this Ordinance, may also be occupied for the use for which the building was intended within a period of three (3) months after the building has become vacant.
D.
EXPANSION PROHIBITED: A nonconforming use of a portion of a building or structure shall not be expanded or extended into any other portion of such building or structure. If such nonconforming use or portion thereof is discontinued or changed to a conforming use, any future use of such building, structure, or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located.
17.3
NONCONFORMING USE OF LAND: The nonconforming use of land existing at the time of the effective date of this Ordinance may be continued provided:
A.
That no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property.
B.
That if such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land or portion thereof shall be in conformity with the provisions of this Ordinance.
C.
That any sign, billboard, poster panel, storage yard, or trailer camp, which is lawfully existing and maintained at the time of the effective date of this Ordinance may be continued, although such use does not conform with the provisions hereof, provided that no structural alterations are to be made thereto.
17.4
ABANDONMENT: A nonconforming use of any building, structure or land, which has been abandoned, shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned:
A.
When the intention of the owner to discontinue the use is apparent.
B.
When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within three (3) months.
C.
When a nonconforming building, structure or land or portion thereof which is or hereafter becomes vacant and remains unoccupied for a continuous period of three (3) months.
D.
When it has been replaced by a conforming use.
17.5
DISTRICT CHANGES: Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one district to another district of a different classification or when boundaries or districts are changed as a result of annexation of a new territory or changes in the regulations or restrictions of this Ordinance the foregoing provisions shall also apply to any nonconforming uses existing therein which may so become nonconforming.
(Ordinance 2002-0305-AA, sec. 17, adopted 3/5/02)