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Nooksack City Zoning Code

19.52 Nonconformers

A nonconforming use may be changed or altered only to a use within the same classification or to a use in a classification of higher priority in accordance with the permitted use classifications established in this Title.

19.52.010 Continuation Authorized.

Any nonconformer, as defined in NMC 19.08.220 of this Title, whose existence was lawful immediately before becoming a nonconformer by reason of this Title, is permitted to continue and to be maintained and operated. [Ord. 195 §48(A), 1980.]

19.52.020 Use Alterations Restricted.

A nonconforming use may be changed or altered only to a use within the same classification or to a use in a classification of higher priority in accordance with the permitted use classifications established in this Title. [Ord. 195 §48(B), 1980.]

19.52.030 Bulk Alterations – Variance Required.

A nonconformer as to bulk only may be substantially altered, renovated, enlarged, or reconstructed only pursuant to the granting of a variance as provided in this Title. [Ord. 195 §48(C), 1980.]

19.52.040 Enlargement of Expansion – Conformance Required.

A building or structure containing a nonconforming use shall not be enlarged or expanded unless the use is conformed to the provisions of this Title. [Ord. 195 §48(D), 1980.]

19.52.060 Abandoned or Vacated Uses – Conformance Required.

A nonconforming use which has been discontinued for a period of one (1) year or more, shall not be reactivated or operated, nor shall an occupancy permit be granted to such discontinued use. In such instances, an occupancy permit shall be granted only when the use has been brought into conformity with the provisions of this Title. When a building or structure is vacant, the use therein shall be deemed discontinued. [Ord. 195 §48(F), 1980.]

19.52.070 Destroyed or Deteriorated Uses – Conformance Required – Exception for Single-Family Residence.

When a building or structure containing a nonconforming use is damaged, destroyed or deteriorates to the extent of fifty percent (50%) or more, as determined by the City Council, such nonconforming use shall be discontinued and any subsequent use of the property shall be in conformance with the provision of this Title; provided, however, that any such nonconforming single-family residence may be repaired, replaced or reconstructed within a period of one year from the date of damage or destruction. [Ord. 581 §1, 2004; Ord. 195 §48(G), 1980.]