Zoneomics Logo
search icon

Lingle City Zoning Code

CHAPTER 5

NONCONFORMING USES

11-5-1: EXISTING USE ALLOWED TO CONTINUE:

When a property or an existing building at the time of the passage of this title has a use which is legal prior to the passage of this title, such use may continue even though same be not in conformity to the zoning regulations. If, however, the use of the building or premises is changed, it shall be changed to use conforming to the zoning regulations and, after such change, it will not be permissible to change back again to the original nonconforming use. (Ord. 130, 12-29-1975)

11-5-2: EXTENSION OF USE PROHIBITED; EXCEPTION:

   A.   Prohibited: A nonconforming use shall not be extended, except as hereinafter expressly provided, but the extension of a use to a portion of a building which was arranged or designed for such nonconforming use at the time of the passage of this title shall not be deemed the extension of a nonconforming use.
   B.   Exception: The provisions of this section prohibiting the extension of a nonconforming use shall not apply to churches, hospitals, public schools and colleges, mortuaries, or meeting halls maintained by fraternal nonprofit organizations. (Ord. 130, 12-29-1975)

11-5-3: RECONSTRUCTION; ALTERATION:

A building arranged, designed or devoted to a nonconforming use at the time of the passage of this title may not be reconstructed or structurally altered to an extent exceeding an aggregate cost during any ten (10) year period of fifty percent (50%) of the value of the building, unless the use of such building is changed to a conforming use. (Ord. 130, 12-29-1975)

11-5-4: CHANGE TO MORE RESTRICTED NONCONFORMING USE:

A nonconforming use, if changed to a more restricted nonconforming use, shall not thereafter be changed to a lesser restricted use. (Ord. 130, 12-29-1975)

11-5-5: DAMAGE BY FIRE OR OTHER CAUSE:

   A.   Conformance Required: When a building having a nonconforming use is damaged by fire or other cause so that the total deterioration exceeds eighty percent (80%) of the cost of replacing the building using new materials, then such buildings shall not be rebuilt, unless such building in its construction and use conforms fully to the new requirements of this title and other ordinances of the town as applied to new buildings and uses in the district in which it is located.
   B.   Time Limitation For Rebuilding: When a nonconforming use building is damaged by fire, rebuilding shall commence within six (6) months, if the new building is to be used for the same use as before the fire. (Ord. 130, 12-29-1975)

11-5-6: BUILDING PERMIT ISSUED PRIOR TO ADOPTION:

Nothing contained in this title shall require a change in the plans, construction, alteration or designated use of a building for which a building permit shall have been issued before adoption of this title, and the construction of which shall have been actually begun and diligently prosecuted within six (6) months of the date of issuance of said permit, and the ground store framework of which, including the second tier of beams, shall have been completed according to such plans as filed within one year from the date of the permit. (Ord. 130, 12-29-1975)

11-5-7: NONCONFORMING SIGNS:

A nonconforming advertising sign if removed from the premises, may not be replaced. No exterior sign aggregating more than six (6) square feet in area shall hereafter be erected to advertise a nonconforming use. (Ord. 130, 12-29-1975)