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Torrey City Zoning Code

CHAPTER 7

NONCONFORMING BUILDINGS AND USES

10-7-1: MAINTENANCE PERMITTED:

A nonconforming building or structure may be maintained. (Ord., 9-12-1996)

10-7-2: REPAIRS AND ALTERATIONS:

Repairs and structural alterations may be made to a nonconforming building or to a building housing a nonconforming use with a valid building permit. (Ord., 9-12-1996)

10-7-3: ADDITIONS, ENLARGEMENTS AND MOVING:

   A.   A building or structure occupied by a nonconforming use and a building or structure nonconforming as to height, area or yard regulations shall not be added to or enlarged in any manner or moved to another location on the lot except as provided herein. (Ord., 9-12-1996)
   B.   A building or structure occupied by a nonconforming use or a building or a structure nonconforming as to height, area or yard regulations may be added to or enlarged or moved to a new location on the lot upon variance authorized by the board of adjustment, which may issue; provided, that the board of adjustment after hearing, shall find: (Ord., 9-12-1996; amd. 2016 Code)
      1.   The addition to, enlargement of, or moving of the building will be in harmony with the purposes of and shall be in keeping with the intent of this title.
      2.   The proposed change does not impose any unreasonable burden upon the lands located in the vicinity of the nonconforming use or structure. (Ord., 9-12-1996)

10-7-4: RESTORATION OF DAMAGED BUILDINGS:

A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or 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 or structure, or part thereof, which existed at the time of such damage or destruction may be continued or resumed; provided, that such restoration is started within a period of one year and is diligently pursued to completion. (Ord., 9-12-1996)

10-7-5: ONE YEAR VACANCY:

A building or structure, or portion thereof, occupied by a nonconforming use, which is, or hereafter becomes, vacant and remains unoccupied by a nonconforming use for a continuous period of one year, shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located. (Ord., 9-12-1996)

10-7-6: CONTINUATION OF USE:

The occupancy of a building or structure by a nonconforming use, existing at the time the ordinance codified herein becomes effective, may be continued. (Ord., 9-12-1996)

10-7-7: OCCUPATION WITHIN ONE YEAR:

A vacant 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 use became a nonconforming use. (Ord., 9-12-1996)

10-7-8: CHANGE OF USE:

The nonconforming use of a building or structure may not be changed except to a conforming use; but where such change is made, the use shall not thereafter be changed back to a nonconforming use. (Ord., 9-12-1996)

10-7-9: EXPANSION OF USE PERMITTED:

A nonconforming use may be extended to include the entire floor area of the existing building in which it is conducted at the time the use became nonconforming. (Ord., 9-12-1996)

10-7-10: NONCONFORMING USE OF LAND:

   A.   The nonconforming use of land may be added to, enlarged or moved to a new location on the lot upon which the use is established; provided, that the town council, after notification of all property owners within one thousand feet (1,000') of the boundary of the lot where the use is established, find that such change shall be in harmony and keeping with the purpose of this title, that it does not impose undue or unreasonable burden on adjoining land or use, and that the use is compatible with the general environment of the neighborhood. Application for change of a nonconforming use shall be made directly to the town council, however, such application may be referred to the planning commission for a recommendation from that body if so directed by the town council. All costs for notification of adjoining property owners, public hearing and administrative functions shall be borne by the applicant.
   B.   A nonconforming use of land, or any portion thereof, which is abandoned or changed for a period of one year or more, shall cease to have continuing status and any future use of such land as was occupied by a nonconforming use shall be consistent with the provisions of this title. (Ord., 9-12-1996)