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Mccammon City Zoning Code

16.44

Nonconforming Uses

16.44.010 Designated--Minor Repairs

Any use lawfully occupying a building or land at the effective date of the ordinance codified in this title, or of subsequent amendments thereto, which does not conform to the regulations for the district in which it is located shall be deemed to be a nonconforming use and may be continued. Maintenance and minor repairs necessary to keep a nonconforming use in sound condition during such continuance shall be permitted.

(Ord. 223 Ch. 2 § 1(E)(1), 1978)

16.44.020 Nonconforming Building--Enlargement

A nonconforming building may be enlarged or extended only if thereafter the entire building is devoted to a conforming use.

(Ord. 223 Ch. 2 § 1 (E)(2), 1978)

16.44.030 Nonconforming Use In Building

No building partially occupied by a nonconforming use shall be altered in such a way to permit the enlargement or expansion of the space occupied by such nonconforming use.

(Ord. 223 Ch. 2 § 1(E)(3), 1978)

16.44.040 Occupying Open Space Or Displacing Conforming Use Prohibited

No nonconforming use may be enlarged or extended in such a way as to occupy any required open space, or any land beyond the boundaries of the lot on which it existed at the effective date of the ordinance codified in this title, nor may any such nonconforming use displace any conforming use in the same building or on the same parcel.

(Ord. 223 Ch. 2 § 1(E)(4), 1978)

16.44.050 Building Damaged By Fire--Restoration

Any nonconforming building destroyed by fire or other calamity to an extent of fifty percent or more of the appraised value may not be restored unless such restoration shall make the building a conforming building and any intended use shall be a conforming use; provided, however, that nothing in this title shall be construed to prevent the restoration and resumption of former lawful use of any building that is damaged or partially destroyed by fire, or other calamity, to the extent of less than fifty percent; provided, that such restoration is started within one calendar year and diligently prosecuted to completion.

(Ord. 223 Ch. 2 § 1(E)(5), 1978)

16.44.060 Abandonment--Reestablishment Prohibited

Whenever a nonconforming use of land or building has been discontinued for a period of one year, or whenever there is evidence of a clear intent to abandon a nonconforming use, such use shall not thereafter be reestablished, and the uses of the premises thereafter shall be in conformity with the regulations of the use district.

(Ord. 223 Ch. 2 § 1(E)(6), 1978)