A.
The lawful nonconforming use of a structure or land, including but
not limited to fences, parking and zoning setbacks, existing at the
time of the adoption or amendment of this chapter may be continued
although the use does not conform to the provisions of this chapter.
However, only that portion of the land in actual use may be so continued,
and the structure may not be extended, enlarged, reconstructed, substituted,
moved or structurally altered except when required to do so by law
or order or so as to comply with the provisions of this chapter.
B.
If no structural alterations are made, a nonconforming use of a building
may be changed to any use permitted in the same use district as that
in which the use existing is permitted according to the provisions
of this chapter, provided that when a use district is changed, any
existing nonconforming use in such changed district may be continued
or changed to a use permitted in the same use district as that in
which the existing use is permitted, provided that all other regulations
governing the new use are complied with.
C.
Substitution of new equipment may be permitted by the Zoning Board
of Appeals if such equipment will reduce the incompatibility of the
nonconforming use with the neighboring uses.
A.
Termination. If such nonconforming use is discontinued or terminated
for a period of 12 months, any future use of the structure or land
shall conform to the provisions of this chapter.
B.
Building destroyed by fire. Where a building located in a district
restricted against its use has been destroyed by fire or other calamity
to the extent of not more than 50% of its assessed value, the same
may be rebuilt. Where such a building is destroyed to the extent of
more than 50% of its assessed value, a permit may be granted for its
reconstruction within 12 months from the date of such fire or other
calamity, except that any public utility located in a restricted district
shall be permitted to rebuild, alter or enlarge in any business or
industrial district as the interest of the public demands.
C.
Restoration
of certain nonconforming structures.[1]
(1)
Nothing in this section shall prohibit the restoration of a nonconforming structure if the structure will be restored to the size, subject to Subsection C(2), location, and use that it had immediately before the damage or destruction occurred or impose any limits on the costs of the repair, reconstruction, or improvement if all of the following apply:
(2)
The
size of a structure may be larger than the size it was immediately
before the damage or destruction if necessary for the structure to
comply with applicable state or federal requirements
A lawful nonconforming structure existing at the time of the
adoption or amendment of this chapter may be continued although its
size or location does not conform to the lot width, lot area, yard,
height, parking and loading, and access provisions of this chapter.
However, it shall not be extended, enlarged, reconstructed, moved
or structurally altered except when required to do so by law or order
or so as to comply with the provisions of this chapter.
Once a nonconforming use or structure has been changed to conform,
it shall not revert back to a nonconforming use or structure. Once
the Zoning Board of Appeals has permitted the substitution of a more
restrictive nonconforming use for an existing nonconforming use, the
substituted use shall lose its status as a legal nonconforming use
and become subject to all the conditions required by the Zoning Board
of Appeals.
The required street yards may be decreased in any residential
or business district to the average of the existing street yards of
the abutting structures on each side but in no case less than 15 feet
in any residential district and five feet in any business district.
