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Corning City Zoning Code

CHAPTER 17

52 - NONCONFORMING USES16


Footnotes:
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 Prior ordinance history: Ord. 153, Sections 24.01—24.07


17.52.010 - Continuation of previous use.

The lawful use of land existing at the time of the passage of the ordinance codified in this title, although such use does not conform to the provisions of this title, may be continued except as provided in this chapter.

(Ord. 441 §1, 1986).

17.52.030 - Exception-Abandonment of use.

If any nonconforming use is abandoned or is discontinued for a period of six months or more, subsequent use of the land shall be in conformity with the provisions of this title.

(Ord. 441 §3, 1986).

17.52.040 - Exception-Destruction of building.

If at any time any building which is in existence at the time of the adoption of the ordinance codified in this title and which does not conform to the regulations for the district in which it is located is destroyed by natural occurrence, accident or vandalism, to the extent of more than one-half the value thereof, then and without further action by the city council the building and the land on which the building was located or maintained shall, from and after the date of such destruction, be subject to all the regulations of the district in which the land and/or building are located. For the purposes of this title, the "value of any building" shall be the estimated cost of the replacement of the building in kind, as determined by the building inspector.

(Ord. 441 §5, 1986).

17.52.050 - Modification permitted.

A.

Change of Classification. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restrictive classification.

B.

Structural Alterations. No existing building designed, arranged, or intended for or devoted to a use not permitted under the regulations of this title for the district in which such building or premises is located shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted under the regulations specified by this title for such district in which the building is located; provided, however, that authorized maintenance shall be permitted not exceeding a total amount, during a period of five years, of fifty percent of the assessed value of the building, according to the assessments thereof by the county assessor.

(Ord. 441 §5, 1986).

C.

Nonconforming Dwellings. Notwithstanding Section 17.52.040, a nonconforming dwelling or dwellings destroyed by natural occurrence, accident or vandalism, may be replaced, regardless of the degree of destruction, provided that a complete building permit application is submitted within one year of the date of destruction and the replacement dwelling(s) does (do) not increase the degree of nonconformity that previously existed.

(Ord. 604, 2004).

17.52.070 - Amendment of districts.

The provisions set forth in this chapter shall also apply to nonconforming uses in districts hereafter changed or established, and any time limit for the suspension of a nonconforming use of land shall date from the date of the enactment of the ordinance or any amendment of district boundaries which first creates a non-conforming use or uses.

(Ord. 441 §7, 1986).