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Leonard City Zoning Code

SECTION 34

NONCONFORMING USES AND STRUCTURES

§ 34.1 Uses in Existence at Time of Adoption of Ordinance.

A nonconforming status shall exist when a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of the Zoning Ordinance.
(Ordinance 091096 adopted 9/13/16)

§ 34.2 Expansion of Nonconforming Use Prohibited.

No nonconforming use or structure may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this ordinance except to provide off-street loading or off-street parking space upon approval of the City Council. However, an accumulative 10% increase in structure can be achieved on the same lot if approved the City Council.
(Ordinance 091096 adopted 9/13/16)

§ 34.3 Repairs/Normal Maintenance on Nonconforming Uses Permitted.

Repairs and normal maintenance may be made to a nonconforming building provided that no structural alterations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use.
(Ordinance 091096 adopted 9/13/16)

§ 34.4 Change of Nonconforming to Conforming Use.

Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use.
(Ordinance 091096 adopted 9/13/16)

§ 34.5 Abandonment/Discontinuation of Nonconforming Use.

Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall thenceforth be in conformity with this ordinance. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Discontinuance of a business or the vacancy of a building or premises occupied by a nonconforming use for a period of six (6) months shall be construed as conclusive proof of intent to abandon the nonconforming use. Any nonconforming use not involving a permanent type of structure which is moved from the premises shall be considered to have been abandoned.
(Ordinance 091096 adopted 9/13/16)

§ 34.6 Accidental Destruction of Nonconforming Use.

If a nonconforming structure other than a residential structure or a structure occupied by a nonconforming use is destroyed by fire, act of God or other cause, it may not be rebuilt except to the provisions of this ordinance. In the case of partial destruction of a nonconforming use not exceeding sixty percent (60%) of its reasonable value, reconstruction may be permitted after a hearing and favorable action by the City Council, but the size and function of the nonconforming use shall not be expanded. However, a residential structure (other than a Manufactured house) existing on a tract when this ordinance was adopted can be rebuilt if partially or totally destroyed, or remodeled and expanded.
(Ordinance 091096 adopted 9/13/16)

§ 34.7 Replacement of Nonconforming HUD-Code Manufactured Home.

A nonconforming HUD-Code manufactured home or mobile home may not be exchanged or replaced by another HUD-Code manufactured home or mobile home.
(Ordinance 091096 adopted 9/13/16)