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Weed City Zoning Code

CHAPTER 18

28 - NONCONFORMING USES

Sections:


18.28.010 - Continuance permitted—Restrictions.

Except as otherwise provided in this chapter, uses of land, buildings or structures existing at the time of the adoption of the ordinance codified in this title may be continued although the particular use, or the building or structure, does not conform to the regulations specified in this title for the district in which the particular building or structure is located or use is made; provided, however, no nonconforming structure or use of land may be extended to occupy a greater area of land, building or structure than is occupied at the time of the adoption of the ordinance codified in this title. If any nonconforming use is discontinued or abandoned, any subsequent use of such land or building shall conform to the regulations specified for the district in which such land or building is located. If no structural alterations are made therein, a nonconforming use of a nonconforming building may be changed to another use of the same or more restrictive classification upon the securing of a use permit. If the nonconforming use is replaced by a more restrictive nonconforming use, the occupancy thereafter may not revert to a less restrictive use. If any use is wholly discontinued for any reason except pursuant to a valid order of a court of law for a period of one year, it shall be conclusively presumed that such use has been abandoned within the meaning of this title, and all future uses shall comply with the regulations of the particular district in which the land or building is located.

(Ord. 45-63 §6.1, 1963).

18.28.020 - Land uses.

If any lands upon which no building or structure of any kind is located are used for a purpose which is not in compliance with the regulations of the district where such lands are located, such use may continue for a period of three years from the date of the adoption of the ordinance codified in this title. After the expiration of the aforementioned three-year period, such lands shall be used only in conformance with the regulations of the district in which they are located.

(Ord. 45-63 §6.2, 1963).

18.28.030 - Enlargement.

Any building or structure existing at the date of the adoption of the ordinance codified in this section, which is nonconforming either in use, design or arrangement, shall not be enlarged, extended, reconstructed, or structurally altered unless such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in this title for the district where such building or structure is located; provided, however, any such nonconforming building or structure may be maintained, repaired or portions thereof replaced, so long as the cumulative dollar value of such maintenance, repairs or replacement, annually, does not exceed fifty percent of the building's appraised valuation as shown on the latest assessment role of the city. Maintenance, alterations, repairs or replacements required by the Americans with Disabilities Act (e.g. handicap access improvements), or any other federal or state law, shall be exempt from the requirements of this section and the dollar value of such alterations shall not be included in calculating the dollar value limitations described above.

(Ord. 300—93 §1, 1993: Ord. 45-63 §6.3, 1963).

18.28.040 - Restoration restricted.

A nonconforming building, destroyed to the extent of more than fifty percent of its reasonable value at the time of its destruction by fire, explosion, or other casualty or act of God, may be restored and used only in compliance with the regulations existing in the district wherein it is located.

(Ord. 45-63 §6.4, 1963).

18.28.050 - Application of chapter to future nonconforming uses.

The provisions of the chapter shall apply to structures, land and uses which hereafter become nonconforming due to redistricting of any lands under provisions of this title.

(Ord. 45-63 §6.5, 1963).