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Ordway City Zoning Code

CHAPTER 17

28 - NONCONFORMING USES AND STRUCTURES

Sections:


17.28.010 - Purpose.

Any use, parcel or structure that existed immediately prior to the adoption of the ordinance codified in this title which does not conform to the provisions of this title at the time of adoption, shall be known as a nonconforming use, nonconforming parcel, or a nonconforming structure.

(Ord. 322 § 7.1, 1991)

17.28.020 - Continuation of nonconforming use or structure.

A nonconforming structure or use may be continued and maintained in reasonable repair but shall not be altered or extended except to comply with district regulations.

(Ord. 322 § 7.2, 1991)

17.28.030 - Nonconforming structure.

A structure conforming as to use but nonconforming as to height, setback or coverage may be altered or extended provided the alteration or extension does not result in a violation of this title.

(Ord. 322 § 7.3, 1991)

17.28.040 - Discontinuance of a nonconforming use.

If a nonconforming use is discontinued from use for a period of six months, further use of the property shall be for a conforming use, unless the use is of a seasonal character, then twelve (12) months shall apply.

(Ord. 322 § 7.4, 1991)

17.28.050 - Change of a nonconforming use.

If a nonconforming use is changed, it shall be changed to a use conforming to the regulations of the district and, after change, it shall not be changed back again to the original nonconforming use.

(Ord. 322 § 7.5, 1991)

17.28.060 - Destruction of a nonconforming use.

If a nonconforming structure or a structure containing a nonconforming use is destroyed by fire, flood, wind, explosion or other act to an extent exceeding fifty (50) percent of the cost of replacement of the structure using new materials, a future structure or use on the property shall conform to the provisions of this title. If destruction is determined to be less than fifty (50) percent, restoration must be started within twelve (12) months of such calamity and completed within twenty-four (24) months of initiating restoration.

(Ord. 322 § 7.6, 1991)

17.28.070 - Completion of structure or building.

Nothing contained in this title shall require any change in the plans, construction, alteration or designated use of a building for which construction work has commenced prior to the adoption of the ordinance codified in this title.

(Ord. 322 § 7.7, 1991)

17.28.080 - Nonconforming lots of record.

In any district in which single-family dwellings are permitted, a single-family dwelling may be erected on any single lot of record which exists as such at the time of adoption of the ordinance codified in this title. Such a lot must have been in separate ownership and not of continuous frontage with other lots under the same ownership. This provision shall apply even though such lots fail to meet the requirements of the district in which they are located for area, or width, or both; provided, however, that the requirements of the district for minimum yard dimensions shall be met unless a variance to said requirements has been granted by the zoning board of adjustment.

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of adoption or amendment of this title, and part, or all of said lots do not meet the requirements of the district in which they are located as to minimum area or frontage or both, the lands shall be considered for the purpose of this title an undivided parcel, and no portion of said parcel shall be sold or used in a manner which dimensions are in compliance with lot width and area requirements established by this title.

(Ord. 322 § 7.8, 1991)

17.28.090 - Nonconforming signs.

No sign may be enlarged or altered in such a manner as to increase its nonconformity; however, any sign or portion thereof may be altered to decrease its nonconformity.

The right to operate any nonconforming sign shall terminate within one year after the adoption of the ordinance codified in this title or upon expiration of sign lease agreement.

(Ord. 322 § 7.9, 1991)