[CC 1997 §§26-13 — 26-13.5; Ord. No. 681 §3, 2-14-2005]
A.
The
lawful use of a building existing at the time of adoption of this
Chapter may be continued, although such use does not conform with
the provisions of this Chapter and such use may be extended throughout
the building; providing that no structural alterations except those
required by law or ordinance are made therein. If no structural alterations
are made, a non-conforming use of a building may be changed to another
non-conforming use of the same or more restricted classifications.
The foregoing provisions shall also apply to non-conforming uses in
districts hereafter changed. Whenever a non-conforming use of a building
has been changed to a more restricted use or to a conforming use,
such use shall not thereafter be changed to a less restricted use.
B.
In
the event that any non-conforming structure or any structure devoted
in whole or in part to a non-conforming use is damaged or becomes
extensively deteriorated or is destroyed by any means to an extent
equaling greater than fifty percent (50%) of its market value, such
structure shall not be restored except in conformity with all applicable
provisions of this Chapter, including the regulations of the zoning
district in which the building is situated. However, such structure
may be restored if the Board of Adjustment finds a compelling public
necessity requiring the continuance of the non-conformity.
C.
No
building or portion thereof used in whole or in part for a non-conforming
use in a dwelling district which remains unoccupied for a continuous
period of one (1) year, whether or not the equipment or fixtures are
removed, shall again be used except in conformity with the use regulations
of the district in which such building is located.
D.
No
existing building or premises devoted to a use not permitted by this
Chapter in the district in which such building or premises is located,
except when required to do so by law or ordinance, shall be enlarged,
extended, reconstructed or structurally altered, unless such use is
changed to one (1) permitted in the district in which such building
or premises is located. Where a non-conforming use relates to recreational
vehicle parking requirements, the non-conforming use may continue
until the recreational vehicle parked in non-conformity with this
Chapter is sold, traded, donated, given away, destroyed, rendered
inoperable, wrecked, or otherwise ceases to be regularly parked in
non-conformity with this Chapter, except that the non-conforming use
may continue if the recreational vehicle is replaced with a recreational
vehicle of the same type and of the same or smaller size (for example,
a motor home may be replaced with a motor home, but not a boat trailer,
etc.).
[Ord. No. 943, 7-19-2023]
E.
Notwithstanding anything in this Chapter 405, otherwise conforming structures may be built on lots of record (i.e., legally platted and recorded) and in existence at the time of this amendment and any future amendments to Chapter 405 that would, but for this provision, otherwise make such lot or lots non-conforming, width or area; provided however, that such structures shall conform to setbacks and other regulations not involving size, area or width of the lot.
