17.52.010: NONCONFORMING BUILDINGS; MAINTENANCE, REPAIRS AND UPKEEP:
A. A nonconforming building or structure may be maintained.
B. Repairs and structural alterations may be made to a nonconforming building.
C. A nonconforming building or structure which is damaged or partially 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 partial destruction may be continued or resumed, provided that such restoration is started within a period of one year and is diligently prosecuted to completion. (Ord. 93-003 § 5-1)
17.52.020: NONCONFORMING BUILDINGS; 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 district in which it is located.
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 addition or enlargement conforms to all the regulations of the district in which it is located.
C. 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 alterations or enlargements.
D. No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, unless every portion of such building or structure is made to conform to all the regulations of the district in which it is located.
E. All modifications to buildings or structures, excluding complete removal without intent to rebuild are subject to recommendations from the planning commission and approval by the city council. (Ord. 93-003 § 5-2)
17.52.030: NONCONFORMING BUILDINGS; ABANDONMENT BY NONUSE:
A nonconforming building or structure or portion thereof shall be deemed abandoned by nonuse during a continuous period of one year. If a nonconforming building or structure or portion thereof has been or shall be abandoned, the same shall not thereafter be occupied or used except for a use which conforms to the use regulations of the zone in which it is located. (Ord. 93-003 § 5-3)
17.52.040: NONCONFORMING USE OF BUILDINGS:
A. The nonconforming use of a building or structure existing at the time the applicable zoning regulations became or becomes effective may be continued.
B. A vacant nonconforming 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 building or structure became nonconforming.
C. A nonconforming use may be extended to include the entire floor area of the existing building in which it was conducted at the time use became nonconforming.
D. Except by permit or a decision of the appeal authority, the nonconforming use of a building or structure may not be changed except to a conforming use; but where such change is made to a conforming use, the use shall not thereafter be changed back to a nonconforming use. (Ord. 13-05: Ord. 93-003 § 5-4)
17.52.050: NONCONFORMING USE OF BUILDINGS; ABANDONMENT BY NONUSE:
The nonconforming use of a building or structure or portion thereof shall be deemed abandoned by nonuse during a continuous period of one year. If a nonconforming use of any such building or structure or portion thereof has been or shall be abandoned, the same shall not thereafter be occupied or used except for a use which conforms to the use regulations of the zone in which it is located. (Ord. 93-003 § 5-5)
17.52.060: NONCONFORMING USE OF LAND; ABANDONMENT BY NONUSER:
A nonconforming use of a tract of land or portion thereof may not be expanded or extended either on the same or any adjoining tract of land. A nonconforming use of land shall be deemed vacant by nonuse immediately upon permanent discontinuation of the nonconforming use. If a nonconforming use of land has been or shall be zoned vacant, such land shall not thereafter be used or occupied except for a use which conforms to the use regulations of the zone in which the use is located. (Ord. 93-003 § 5-6)
17.52.070: NONCONFORMING USE COMPLIANCE:
Any building, structure or use of which a valid building permit has been issued and actual construction was lawfully begun prior to the effective date hereof, or amendments to this title, may be completed and used in accordance with the plans, specifications and permit on which the building permit was granted. "Actual construction" is defined to be the actual placing of construction materials in their permanent position, or fastened in a permanent manner, actual work in excavating a basement or the demolition or removal of an existing structure begun preparatory to rebuilding; provided, that in all cases actual construction work shall be diligently carried on until the completion of the building or structure involved. (Ord. 93-003 § 5-7)
17.52.080: SIGNS PERMITTED WITH NONCONFORMING USES:
The permitted sign regulations for a nonconforming use, as set forth in chapter 17.56 of this title. (Ord. 93-003 § 5-8)
Farr West City Zoning Code
CHAPTER 17
52 NONCONFORMING BUILDINGS AND USES
17.52.010: NONCONFORMING BUILDINGS; MAINTENANCE, REPAIRS AND UPKEEP:
A. A nonconforming building or structure may be maintained.
B. Repairs and structural alterations may be made to a nonconforming building.
C. A nonconforming building or structure which is damaged or partially 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 partial destruction may be continued or resumed, provided that such restoration is started within a period of one year and is diligently prosecuted to completion. (Ord. 93-003 § 5-1)
17.52.020: NONCONFORMING BUILDINGS; 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 district in which it is located.
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 addition or enlargement conforms to all the regulations of the district in which it is located.
C. 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 alterations or enlargements.
D. No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, unless every portion of such building or structure is made to conform to all the regulations of the district in which it is located.
E. All modifications to buildings or structures, excluding complete removal without intent to rebuild are subject to recommendations from the planning commission and approval by the city council. (Ord. 93-003 § 5-2)
17.52.030: NONCONFORMING BUILDINGS; ABANDONMENT BY NONUSE:
A nonconforming building or structure or portion thereof shall be deemed abandoned by nonuse during a continuous period of one year. If a nonconforming building or structure or portion thereof has been or shall be abandoned, the same shall not thereafter be occupied or used except for a use which conforms to the use regulations of the zone in which it is located. (Ord. 93-003 § 5-3)
17.52.040: NONCONFORMING USE OF BUILDINGS:
A. The nonconforming use of a building or structure existing at the time the applicable zoning regulations became or becomes effective may be continued.
B. A vacant nonconforming 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 building or structure became nonconforming.
C. A nonconforming use may be extended to include the entire floor area of the existing building in which it was conducted at the time use became nonconforming.
D. Except by permit or a decision of the appeal authority, the nonconforming use of a building or structure may not be changed except to a conforming use; but where such change is made to a conforming use, the use shall not thereafter be changed back to a nonconforming use. (Ord. 13-05: Ord. 93-003 § 5-4)
17.52.050: NONCONFORMING USE OF BUILDINGS; ABANDONMENT BY NONUSE:
The nonconforming use of a building or structure or portion thereof shall be deemed abandoned by nonuse during a continuous period of one year. If a nonconforming use of any such building or structure or portion thereof has been or shall be abandoned, the same shall not thereafter be occupied or used except for a use which conforms to the use regulations of the zone in which it is located. (Ord. 93-003 § 5-5)
17.52.060: NONCONFORMING USE OF LAND; ABANDONMENT BY NONUSER:
A nonconforming use of a tract of land or portion thereof may not be expanded or extended either on the same or any adjoining tract of land. A nonconforming use of land shall be deemed vacant by nonuse immediately upon permanent discontinuation of the nonconforming use. If a nonconforming use of land has been or shall be zoned vacant, such land shall not thereafter be used or occupied except for a use which conforms to the use regulations of the zone in which the use is located. (Ord. 93-003 § 5-6)
17.52.070: NONCONFORMING USE COMPLIANCE:
Any building, structure or use of which a valid building permit has been issued and actual construction was lawfully begun prior to the effective date hereof, or amendments to this title, may be completed and used in accordance with the plans, specifications and permit on which the building permit was granted. "Actual construction" is defined to be the actual placing of construction materials in their permanent position, or fastened in a permanent manner, actual work in excavating a basement or the demolition or removal of an existing structure begun preparatory to rebuilding; provided, that in all cases actual construction work shall be diligently carried on until the completion of the building or structure involved. (Ord. 93-003 § 5-7)
17.52.080: SIGNS PERMITTED WITH NONCONFORMING USES:
The permitted sign regulations for a nonconforming use, as set forth in chapter 17.56 of this title. (Ord. 93-003 § 5-8)