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Salina City Zoning Code

CHAPTER 17

84 NONCONFORMING BUILDINGS AND USES

17.84.010 Nonconforming Buildings: Maintenance, Repairs And Upkeep

  1. A nonconforming building or structure may be maintained.
  2. Repairs and structural alterations may be made to a nonconforming building.
  3. A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or Act of God or the public enemy may be restored and the occupancy or use of such building, structure or part thereof, which existed at the time of such partial destruction, may be continued or resumed, provided that such restoration is started within a period of one year and is diligently prosecuted to completion.

(ZO § 6-1)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.84.020 Nonconforming Buildings: Additions, Enlargements And Moving

  1. A building or structure nonconforming as to use regulations shall not be added to or enlarged in any manner, unless such building or structure, including such additions and enlargements, is made to conform to all the regulations of the zone in which it is located.
  2. A building or structure nonconforming as to height, area or yard regulations shall not be added to or enlarged in any manner unless such addition and enlargement conforms to all the regulations of the zone in which it is located.
  3. A building or structure lacking sufficient automobile parking space in connection therewith as required by this title may be altered or enlarged, provided additional automobile parking space is supplied to meet the requirements of this title for such alterations or enlargements.
  4. No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, unless every portion of such building or structure is made to conform to all the regulations of the zone in which it is located.

(ZO § 6-2)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.84.030 Nonconforming Buildings: Abandonment By Non-Use

A nonconforming building or structure or portion thereof shall be deemed abandoned by non-use during a continuous period of one year. If a nonconforming building or structure or portion thereof has been or shall be abandoned, the same shall not thereafter be occupied or used except for a use which conforms to the use regulations of the zone in which it is located.

(ZO § 6-3)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.84.040 Nonconforming Use Of Buildings

  1. The nonconforming use of a building or structure existing at the time the applicable zoning regulations became or becomes effective may be continued.
  2. A vacant nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended if so occupied within a period of one year after the building or structure became nonconforming.
  3. A nonconforming use may be extended to include the entire floor area of the existing building in which it was conducted at the time use became nonconforming.
  4. Except by permit of the board of adjustment as provided in Chapter 17.12, the nonconforming use of a building or structure may not be changed except to a conforming use; but where such change is made to a conforming use, the use shall not thereafter be changed back to a nonconforming use.

(ZO § 6-4)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.84.050 Nonconforming Use Of Buildings: Abandonment By Non-Use

The nonconforming use of a building or structure or portion thereof shall be deemed abandoned by non-use during a continuous period of one year. If a nonconforming use of any such building or structure or portion thereof has been or shall be abandoned, the same shall not thereafter be occupied or used except for a use which conforms to the use regulations of the zone in which it is located.

(ZO § 6-5)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.84.060 Nonconforming Use Of Land: Abandonment By Non-Use

A nonconforming use of a tract of land or portion thereof may be continued. No such nonconforming use of land shall in any way be expanded or extended either on the same or any adjoining tract of land. A nonconforming use of land shall be deemed abandoned by non-use immediately upon permanent discontinuation of the nonconforming use. If a nonconforming use of land has been or shall become abandoned, such land shall not thereafter be used or occupied except for a use which conforms to the use regulations of the zone in which the use is located. A nonconforming use of land shall be deemed abandoned by non-use during a continuous period of one year.

(Ord. 991201 §1, 1999; ZO § 6-6)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.84.070 Nonconforming Use Compliance

Any building, structure, or use for which a valid building permit has been issued and actual construction was lawfully begun prior to the effective date of the ordinance codified in this title, or amendments to this title, may be completed and used in accordance with the plans, specifications and permit on which said building permit was granted. Actual construction is defined to be: the actual placing of construction materials in their permanent position, fastened in a permanent manner, actual work in excavating a basement or the demolition or removal of an existing structure begun preparatory to rebuilding; provided, that in all cases actual construction work shall be diligently carried on until the completion of the building or structure involved.

(ZO § 6-7)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

17.84.080 Signs Permitted With Nonconforming Uses

Signs permitted with nonconforming uses are outlined in Chapter 17.76.

(ZO § 6-8)

HISTORY
Adopted by Ord. 2024-3 on 5/14/2024

2024-3