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New Meadows City Zoning Code

CHAPTER 13

Nonconformities

10-13-1 Intent

It is the intent of this title to permit nonconforming uses, buildings, and lots to continue until they are removed or altered in such a manner to bring them into conformance. It is further the intent of this title that nonconforming uses, buildings, and lots shall not be enlarged upon, expanded or extended in such a manner as to increase their nonconformity without approval of the City Council, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. (Ord. 313-08, 6-9-2008)

10-13-2 General Provisions

  1. The lawful use of land or structures existing on the effective date hereof may be continued.
  2. A nonconforming structure which conforms with respect to use may be altered or expanded if the alteration, expansion or addition is in conformance with the standards of this title.
  3. If a nonconforming use is discontinued for a period of six (6) consecutive months, further use of the property shall conform to this title.
  4. A nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use.
  5. Normal repairs and alterations may be made to a lawful nonconforming building; provided, that no structural alterations have been made except those required by law. No existing nonconforming structure designed, arranged, intended for or devoted to a use not permitted under this title for the district in which such structure is located shall be enlarged, extended, reconstructed, structurally altered or moved unless such use is changed to a use permitted under the regulations specified by this title for the district in which said building is located; provided, further, that nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe and ordered to be strengthened or restored to a safe condition, unless such building has been destroyed by an extent exceeding seventy five percent (75%) of full value, as determined by consideration of the assessed value.
  6. When a building or other structure containing a nonconforming use is damaged by fire or by any other cause so that the cost of renewal of the damaged parts exceeds seventy five percent (75%) of the cost of the replacement of the entire building (exclusive of foundations) using new materials, then such building shall not be rebuilt unless the building and its construction and uses conform fully to this title and other codes of the City as applied to new buildings. The determination of whether a building is destroyed to the extent described herein shall rest with the Council. (Ord. 313-08, 6-9-2008)

10-13-3 Existing Open Land Uses

All use of land for outdoor work or storage purposes which, after the effective date hereof, or amendments hereto, exist as a nonconforming use shall be completely enclosed within a sight obscuring fence within three (3) years. (Ord. 313-08, 6-9-2008)

10-13-4 Nonconforming Mobile Homes

Notwithstanding anything to the contrary in this chapter referring to nonconforming uses, any mobile home, as in this title defined, which constitutes a nonconforming use in that the permissive uses of the district in which it is located do not permit such mobile home to occupy the lot may be removed from the premises and replaced with one that is a newer and larger model and of equal or better aesthetic appearance within thirty (30) days from the date of removal from the lot. Any mobile home that is destroyed by fire to the extent that it is no longer habitable may, within thirty (30) days of the destruction, be replaced with one that is at least the equivalent of the one destroyed. The density and bulk requirements of the zone and/or district must be met in the event of replacement as in this section provided. If a variance to those requirements is requested of the commission, the time required to obtain a variance as in this title provided shall be added to the above specified time period. (Ord. 313-08, 6-9-2008)

10-13-5 Nonconformities Under Permit Authority

Nothing contained in this chapter shall require any change in the plans, construction, alteration or designated use of a structure upon which construction has legally commenced or a permit has been obtained prior to the effective date hereof. If the designated use will be nonconforming, the construction of such use shall be commenced within six (6) months of permit issuance, and it shall be in operation within two (2) years from the effective date hereof, otherwise, future use of the property shall be in conformance with the zoning district in which the property is located. (Ord. 313-08, 6-9-2008)