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Nevada City Zoning Code

ARTICLE XII

- NONCONFORMING USES

Sec. 37-40. - Discontinuance.

(1)

All billboards and lots used for storage that do not require a building, made nonconforming by this chapter or amendments thereto, shall be removed within two years from June 15, 1965, or the date of amendments to the zoning regulations.

(2)

All signs made nonconforming by this chapter or amendments thereto, if erected and existing prior to January 1, 1970, shall be allowed to continue as nonconforming uses under the following provisions:

(a)

Provided the existing use is an active and continuous business;

(b)

Provided the sign is not replaced or substantially altered to place it in further noncompliance; and

(c)

Provided the sign is kept in good maintenance and repair.

(Code 1998, § 37-40; Ord. No. 3464, § 1)

Sec. 37-41. - Continuance; change.

The lawful use of a building existing on June 15, 1965, may be continued although such use does not conform to the provisions of this chapter. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of equal or higher classification. Whenever a nonconforming use has been changed to a use of higher classification, or to a conforming use, such use shall not thereafter be changed to a nonconforming use of lower classification.

(Code 1998, § 37-41; Ord. No. 2651, § 18)

Sec. 37-42. - Nonconforming use due to change in zoning.

Whenever the use of a building becomes nonconforming through an amendment to this chapter or the zoning district map, such use may be continued and, if no structural alterations are made, it may be changed to another nonconforming use of equal or higher classification.

(Code 1998, § 37-42; Ord. No. 2651, § 18)

Sec. 37-43. - Abandonment.

In the event that a nonconforming use of any building or premises is discontinued, or its normal operation stopped for a period of two years, the use of the same shall thereafter conform to all regulations of the district in which it is located. When any nonconforming structure, vehicle or trailer is removed from its site or lot, no replacement shall be made by the same or another nonconforming structure, vehicle or trailer.

(Code 1998, § 37-43; Ord. No. 2651, § 18; Ord. No. 2792)

Sec. 37-44. - Enlargement.

A nonconforming use of a building or a building containing a nonconforming use, except single-family dwellings, may not be enlarged, extended, reconstructed or altered unless such use is made to conform to the regulations of the district in which it is located; provided that, in case of evident hardship, a building containing a nonconforming use may be enlarged by variance from the board of adjustment after public hearing. A nonconforming use of a lot of record for storage purposes or for advertising signs, and which lot contains no buildings, shall not be extended, enlarged or expanded.

(Code 1998, § 37-44; Ord. No. 2651, § 18)

Sec. 37-45. - Repair, restoration, etc., of nonconforming use destroyed or damaged.

When a building containing a nonconforming use, other than a dwelling, is damaged by fire, explosion or other casualty, act of God or the public enemy to the extent of more than 75 percent of its reasonable value, exclusive of foundations, it shall not be restored, rebuilt or repaired unless it is made to conform to the regulations of the district in which it is located. If a building containing a nonconforming use is damaged by fire, explosion or other casualty, act of God or the public enemy to the extent of less than 75 percent of its reasonable value, it may be restored to its original size; provided that such restoration is completed within 12 months of the date of destruction; and further provided that any necessary litigation shall not be counted as part of the 12 months allowed for restoration.

(Code 1998, § 37-45; Ord. No. 2651, § 18)