[Ord. No. 20-21, 12-16-2020; Ord. No. 22-12, 6-15-2022]
A.
The
lawful use of a building or land existing at the time of the effective
date of this Chapter may be continued, although such use does not
conform to the provisions of this Chapter; provided that in the event
of any change, extension or alteration of the non-conforming use,
the right to continue the non-conforming use shall lapse and thereafter
the use of the building or land shall conform in all respects to the
requirements of this Chapter.
B.
For
purposes of this Article, in the residential districts, the phrase
"change, extension, or alteration" of the use shall not include maintenance,
repair, or remodeling of a Single-Family Dwelling and no such maintenance,
repair, or remodeling shall be deemed to create any additional non-conformity
nor expand or increase all or any part of the non-conforming portion
of such dwelling.
C.
Notwithstanding anything in Subsection (A) above, where a change, extension, or alteration to a Single-Family Dwelling does not result in any further encroachment into the setbacks by the Single-Family Dwelling, such change, extension, or alteration will not affect the legal non-conforming status of the Single-Family Dwelling or its lot. By way of illustration, a legal non-conforming Single-Family Dwelling that encroaches into a side setback may be expanded into the rear yard so long as it does not encroach into the rear yard setback and by further illustration, a legal non-conforming Single-Family Dwelling that encroaches into a side setback by three (3) feet may be expanded on the same side where the encroachment exists so long as the new addition to the dwelling does not encroach by more than three (3) feet.
D.
Nothing
in this Article shall be deemed to prevent the strengthening or restoring
of a structure to a safe condition in accordance with an order of
a City or County official who is charged with protecting the public
safety and who declares such structure to be unsafe and orders its
restoration to a safe condition.
[Ord. No. 20-21, 12-16-2020]
A.
In the event that any non-conforming use or use of a non-conforming
building is discontinued for a period of one hundred eighty (180)
days, the same shall be deemed to be abandoned and thereafter the
use or building shall conform to the requirements of this Chapter
for the zoning district in which the use or building is located. Such
discontinuance may be evidenced by either:
[Ord. No. 20-21, 12-16-2020; Ord. No. 22-12, 6-15-2022]
When a building, the use of which does not conform to the requirements
of this Chapter, is damaged by fire, explosion, act of God or the
public enemy to the extent of more than fifty percent (50%) of the
original structure or fifty percent (50%) of the value of the building
as determined by the Code Enforcement Official, the building and use
shall not be restored except in conformity with the requirements of
this Chapter for the zoning district in which the building and use
is situated except that a non-conforming Single-Family Dwelling or
conforming Single-Family Dwelling on a non-conforming lot, that is
damaged, becomes extensively deteriorated or is destroyed, may be
restored provided that the restored dwelling is confined to the same
footprint as the original dwelling.
