Chapter 17.28 — NONCONFORMING USES

Sections:

• 17.28.010 Continuation generally—Abandonment.

• 17.28.020 Lands without building or structure. 17.28.030 Changes to nonconforming structures.

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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• 17.28.040 Destroyed nonconforming building.

• 17.28.050 Applicability after redistricting.

Except as otherwise provided in this chapter, uses of land, buildings or structures existing at the time of the adoption of the ordinance from which this chapter derives may be continued although the particular use of the building or structure does not conform to the regulations specified by this title for the district in which the particular building or structure is located or use is made~ provided, however, that 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. 3-83 § 6.1, 1983)

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 chapter. 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. 3-83 § 6.2, 1983)

Any building or structure existing at the date of the adoption of the ordinance codified in this title 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, that any such nonconforming building or structure may be maintained, repaired or portions thereof replaced so long as such maintenance, repairs or replacements do not exceed twenty-five percent of the building's appraised valuation as shown on the latest assessment roll of the city. (Ord. 3-83 § 6.3, 1983)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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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 where in it is located. (Ord. 3-83 § 6.4, 1983)

The provisions of this chapter shall apply to structures, land and uses which become nonconforming after the effective date of the ordinance codified in this title due to redistricting of any lands under provisions of this title. (Ord. 3-83 § 6.5, 1983)