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Whitney City Zoning Code

§ 14.02.031

Nonconforming uses and structures.

(a) 
A nonconforming status shall exist when:
(1) 
A use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of the previous zoning ordinance and has been operating since without discontinuance; or
(2) 
On the effective date of this article, the use or structure was:
(A) 
In existence and lawfully constructed, located and operating in accordance with the provisions of the previous zoning ordinance; or
(B) 
Was a nonconforming use there under and does not now conform to the regulations herein prescribed for the district in which the use or structure is located.
(b) 
No nonconforming use or structure may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this article except to provide off-street loading or off-street parking space upon approval of the board of adjustment.
(c) 
Repairs and normal maintenance may be made to a nonconforming building provided than no structural alterations or extensions shall be made except those required by law or ordinance unless the building is changed to a conforming use.
(d) 
Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use.
(e) 
Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a certificate of occupancy from the building official.
(f) 
Whenever a nonconforming use is abandoned, all nonconforming rights shall cease, and the use of the premises shall thenceforth be in conformity with this article. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Discontinuance of a business or the vacancy of a building or premises occupied by a nonconforming use for a period of six (6) months shall be construed as conclusive proof of intent to abandon the nonconforming use. Any nonconforming use not involving a permanent type of structure which is moved from the premises shall be considered to have been abandoned.
(g) 
If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire, act of God or other cause, it may not be rebuilt except to the provisions of this article. In the case of partial destruction of a nonconforming use not exceeding sixty (60) percent of its reasonable value, reconstruction may be permitted after a hearing and favorable action by the board of adjustment, but the size and function of the nonconforming use shall not be expanded.
(Ordinance 2020-12 adopted 7/20/2020)