A nonconforming building or structure may be maintained. (Ord. 01-04, 1-7-2002)
10-10-2: REPAIRS AND ALTERATIONS:
Repairs and structural alterations may be made to a nonconforming building or to a building housing a nonconforming use. (Ord. 01-04, 1-7-2002)
10-10-3: ADDITIONS, ENLARGEMENTS AND MOVING:
A. A building or structure nonconforming as to use regulations shall not be added to or enlarged in any manner, unless such building or structure, including such additions and enlargements, is made to conform to all the regulations of the zone in which it is located, except as permitted by the board of adjustment; provided, that the board of adjustment may allow the addition to or enlargement of a single-family dwelling, but only if such addition or enlargement can be accomplished without further or increased nonconformance with applicable height, area or yard regulations. The permitted addition or enlargement may be allowed to be nonconforming to the same extent as the original single-family dwelling.
B. A building or structure nonconforming as to height, area or yard regulations shall not be added to or enlarged in any manner unless such additions or enlargements conform to all the regulations of the zone in which it is located, except as permitted by the board of adjustment; provided, that the board of adjustment may allow the addition to or enlargement of a single-family dwelling, but only if such addition or enlargement can be accomplished without further or increased nonconformance with applicable height, area or yard regulations. The permitted addition or enlargement may be allowed to be nonconforming to the same extent as the original single-family dwelling. (Ord. 01-04, 1-7-2002)
10-10-4: ALTERATION WHERE PARKING INSUFFICIENT:
A building or structure lacking sufficient automobile parking 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. (Ord. 01-04, 1-7-2002)
10-10-5: RESTORATION OF DAMAGED BUILDINGS:
A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or 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 diligently pursued to completion. (Ord. 01-04, 1-7-2002)
10-10-6: ONE YEAR VACANCY:
A building or structure, or portion thereof, occupied by a nonconforming use, which is, or hereafter becomes, vacant and remains unoccupied 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 zone in which it is located. (Ord. 01-04, 1-7-2002)
10-10-7: CONTINUATION OF USE:
The occupancy of a building or structure by a nonconforming use, existing at the time the town's original zoning ordinance, or an amendment or revision thereto, was first adopted, which made a use nonconforming, may be continued. (Ord. 01-04, 1-7-2002)
10-10-8: OCCUPATION WITHIN ONE YEAR:
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. (Ord. 01-04, 1-7-2002)
10-10-9: 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. (Ord. 01-04, 1-7-2002)
10-10-10: 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 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. (Ord. 01-04, 1-7-2002)
Clarkston City Zoning Code
CHAPTER 10
NONCONFORMING BUILDINGS AND USES
10-10-1: MAINTENANCE PERMITTED:
A nonconforming building or structure may be maintained. (Ord. 01-04, 1-7-2002)
10-10-2: REPAIRS AND ALTERATIONS:
Repairs and structural alterations may be made to a nonconforming building or to a building housing a nonconforming use. (Ord. 01-04, 1-7-2002)
10-10-3: ADDITIONS, ENLARGEMENTS AND MOVING:
A. A building or structure nonconforming as to use regulations shall not be added to or enlarged in any manner, unless such building or structure, including such additions and enlargements, is made to conform to all the regulations of the zone in which it is located, except as permitted by the board of adjustment; provided, that the board of adjustment may allow the addition to or enlargement of a single-family dwelling, but only if such addition or enlargement can be accomplished without further or increased nonconformance with applicable height, area or yard regulations. The permitted addition or enlargement may be allowed to be nonconforming to the same extent as the original single-family dwelling.
B. A building or structure nonconforming as to height, area or yard regulations shall not be added to or enlarged in any manner unless such additions or enlargements conform to all the regulations of the zone in which it is located, except as permitted by the board of adjustment; provided, that the board of adjustment may allow the addition to or enlargement of a single-family dwelling, but only if such addition or enlargement can be accomplished without further or increased nonconformance with applicable height, area or yard regulations. The permitted addition or enlargement may be allowed to be nonconforming to the same extent as the original single-family dwelling. (Ord. 01-04, 1-7-2002)
10-10-4: ALTERATION WHERE PARKING INSUFFICIENT:
A building or structure lacking sufficient automobile parking 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. (Ord. 01-04, 1-7-2002)
10-10-5: RESTORATION OF DAMAGED BUILDINGS:
A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or 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 diligently pursued to completion. (Ord. 01-04, 1-7-2002)
10-10-6: ONE YEAR VACANCY:
A building or structure, or portion thereof, occupied by a nonconforming use, which is, or hereafter becomes, vacant and remains unoccupied 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 zone in which it is located. (Ord. 01-04, 1-7-2002)
10-10-7: CONTINUATION OF USE:
The occupancy of a building or structure by a nonconforming use, existing at the time the town's original zoning ordinance, or an amendment or revision thereto, was first adopted, which made a use nonconforming, may be continued. (Ord. 01-04, 1-7-2002)
10-10-8: OCCUPATION WITHIN ONE YEAR:
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. (Ord. 01-04, 1-7-2002)
10-10-9: 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. (Ord. 01-04, 1-7-2002)
10-10-10: 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 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. (Ord. 01-04, 1-7-2002)