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North Branch City Zoning Code

ARTICLE IV

NONCONFORMING BUILDINGS, STRUCTURES AND USES

Sec 66-133 Purpose

It is the purpose of this article to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures and uses will be operated and maintained. The zoning chapter established separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all nonconforming uses shall be eventually brought into conformity.

(Code 1996, § 17.40.010)

Sec 66-134 Existing Structures

Any structure or use lawfully existing upon the effective date of this article shall not be enlarged, but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or, subsequently amended.

(Code 1996, § 17.40.020)

Sec 66-135 Placing Of Structures In Safe Condition

Nothing in the article shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the building official.

(Code 1996, § 17.40.030; Ord. No. 153-10, § 1, 8-9-2010)

Sec 66-136 Movement Of Nonconforming Structures; Prohibited

No nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time of this article's adoption unless such movement shall bring the nonconformance into compliance with the requirements of this article.

(Code 1996, § 17.40.040)

Sec 66-137 Changes In Usage

  1. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
  2. A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.

(Code 1996, § 17.40.050)

Sec 66-138 Destruction Of Nonconforming Structures

If at any time a nonconforming building, structure or use is destroyed to any extent it may be restored to its former extent provided all necessary permits are taken out within 180 days of the destruction.

(Code 1996, § 17.40.060; Ord. No. 153-10, § 1, 8-9-2010)

Sec 66-139 Discontinuance Of Lawful Nonconforming Use

Whenever a lawful nonconforming use of a structure or land is discontinued for a period of six months the subsequent use of the structure or land shall be made to conform with the provisions of this article.

(Code 1996, § 17.40.070)

Sec 66-140 Maintenance; Alteration

  1. Normal maintenance of a building or other lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not physically extend or intensify the nonconforming use.
  2. Alterations may be made to a building or other lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or size or volume of the building.

(Code 1996, § 17.40.080)

Sec 66-141 Structures Approved Prior To Effective Date

Any proposed structure which will, under this article, become nonconforming but for which a building permit has been lawfully granted prior to the effective date of this section may be completed in accordance with the approved plans; provided construction is started within 60 days of the effective date of this section. Such structure and use shall thereafter be a legally nonconforming structure and use.

(Code 1996, § 17.40.090)

Sec 66-142 Nonconforming Water Supply And Other Facilities

All nonconforming water supply, sewage disposal and waste treatment facilities and systems located within the SL shoreland management overlay district shall be brought into conformance with the provisions of section 66-736 within five years from the effective date of this article, or as otherwise provided by state law.

(Code 1996, § 17.40.100)

Sec 66-143 Nonconforming Residential Units

Nonconforming residential units may be expanded to bring into conformance as a conditional use permit.

(Code 1996, § 17.40.110)