Zoneomics Logo
search icon

Oakdale City Zoning Code

§ 36-18.19

Nonconforming Uses.

[Ord. No. 911, §§ 6, 7, 1987.]
The following provisions shall apply to those uses lawfully existing as of the effective date of this chapter wherein the use has become nonconforming by virtue of the regulations prescribed for the particular zoning district in which the land, building, and/or activity is located; or those uses made nonconforming by virtue of rezoning, annexation, and/or amendment of this chapter. These provisions do not apply in Residential Zoning Districts to residential units existing at the time of the adoption of the ordinance from which this chapter derives. Said residential units shall not be considered nonconforming by virtue of lot area, yard width or depth regulations, lot coverage, or parking requirements.
A. 
Continuing Existing Buildings and Uses: Except as hereinafter provided, any use of land, building or structure, lawfully existing at the time of the adoption of this chapter may be continued, even though such use, building, or structure may not conform to the provisions of this section of the zoning district in which it is located.
B. 
Nonconforming Buildings and Structures:
1. 
Maintenance and Repair. A nonconforming building or structure may be maintained or repaired as required to keep the building or structure in sound condition, provided however, that no structural alterations shall be made except those required by the Building Inspector.
2. 
Additions and Enlargements. No building or structure nonconforming as to use may be added to or enlarged unless such nonconforming building or structure and the additions and enlargements thereto and the use thereof, are all made to conform to the regulations of the zoning district in which it is located.
3. 
Relocation. A nonconforming building shall not be moved to any other lot or to any other portion of the lot on which it is presently located unless as a result of the move, the building shall conform to the regulations of the zoning district in which it will be located after the move.
4. 
Restoration - Damaged Buildings. A nonconforming building or structure which is damaged or destroyed may be restored and the occupancy or use of such building or structure may be continued or resumed, provided such restoration is started within a period of one (1) year and is diligently prosecuted to completion.
C. 
Nonconforming Use of Buildings:
1. 
Extension of Use. A nonconforming use may not be extended to other parts of a building unless a Use Permit is obtained pursuant to § 36-20.
2. 
Change of Use. The nonconforming use of a building may be changed to another nonconforming use, which, in the determination of the Planning Commission, is of the same or of a more restrictive nature, subject to a Use Permit pursuant to § 36-20.
D. 
Vacancy. Any nonconforming use of land and/or building or structure which becomes vacant and remains unoccupied for a continuous period of six (6) months shall not thereafter be occupied except by a use which conforms to the use regulations of the zoning district in which it is located.