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Vinita City Zoning Code

CHAPTER 5

NONCONFORMING BUILDINGS AND USES

10-5-1: INTENT:

   A.   Within the districts established by this title, or amendment that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this title was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this title or future amendment.
   B.   It is the intent of this title to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this title to be incompatible with permitted uses in the districts involved. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
   C.   A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after adoption of this title. (Ord., 11-1-1983)

10-5-2: NONCONFORMING LOTS OF RECORD:

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. Variance of area, width, and yard requirements shall be obtained only through action of the board of adjustment. (Ord., 11-1-1983)

10-5-3: NONCONFORMING STRUCTURES:

Where a lawful structure exists at the effective date of adoption or amendment of this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
   A.   Alterations: No such structure may be enlarged or altered in a way which increases its nonconformity.
   B.   Destruction: Should such structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.
   C.   Moving Structure: Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. (Ord., 11-1-1983)

10-5-4: NONCONFORMING USES OF STRUCTURES:

If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this title, that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
   A.   Moving Or Altering Structure: No existing structure devoted to a use not permitted by this title in the district in which it is located shall be moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
   B.   Enlarging Or Extending: No existing structure devoted to a use not permitted by this title in the district in which it is located shall be extended or enlarged, except in changing the use of the structure to a use permitted in the district in which it is located, except any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of the adoption of this title, but no such use shall be extended to occupy any land outside such building.
   C.   Nonconforming Use Superseded By Permitted Use: Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
   D.   Discontinuance Or Abandonment: When a nonconforming use of a structure, or structure and premises in combination is discontinued or abandoned for six (6) months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
   E.   Removal To Eliminate Nonconforming Status: Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. (Ord., 11-1-1983)

10-5-5: NONCONFORMING USES OF LAND:

Where, at the effective date of adoption or amendment of this title, lawful uses of land exist that are no longer permissible under the terms of this title as enacted or amended, such uses may be continued, so long as they remain otherwise lawful, subject to the following provisions:
   A.   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this title.
   B.   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this title.
   C.   If any such nonconforming use of land ceases for any reason for a period of more than thirty (30) days, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located; provided however, that upon application for and receipt of a permit from the city clerk, the period of thirty (30) days hereinbefore referred to may be extended to six (6) months where necessary for the improvement or repair of the property, upon the approval of said permit by the zoning administrator. (Ord., 11-1-1983)