Subject to the provisions of Sections
8-101 through 8-110 [8-107], a nonconforming structure or use may be continued and maintained in reasonable repair but shall not be altered or extended.
A structure conforming as to use but nonconforming as to height,
setback, or coverage may be altered or extended providing the alteration
or extension does not result in a violation of this Ordinance.
If a nonconforming structure or use is discontinued from use
for a period of six (6) months, further use of the property shall
be for a conforming use.
If a nonconforming use is changed, it shall be changed to use
conforming to the regulations of the district and, after change, it
shall not be changed back again to the original nonconforming use.
If a nonconforming structure or a structure containing a nonconforming
use is destroyed by fire, flood, wind, explosion or act of God to
an extent exceeding sixty (60) percent of its appraised value for
tax purposes, exclusive of its foundations, a future structure or
use on the property shall conform to the provisions of this Ordinance.
If a nonconforming residential structure is destroyed by fire,
flood, wind[,] explosion or act of God to an extent exceeding sixty
(60) percent of its appraised value for tax purposes, exclusive of
its foundations, it may be replaced by another residential structure
not meeting all of the provisions of this Ordinance under the following
conditions:
(1) Reconstruction
must be initiated by the owner of the property, at the time of destruction,
within sixty (60) days and substantially complete within twelve (12)
months of the time of destruction.
(2) Reconstruction
may be accomplished on the original foundation location, and if the
structure is so located, it will not be required to conform to setback
requirements of this Ordinance.
(3) Reconstruction
may be of the same size structure as that destroyed or larger.
(4) All
reconstruction must comply with the building codes in effect at the
time of reconstruction.
(5) The
reconstruction permitted by this section shall only apply to structures
that were in existence and nonconforming as of March 21, 1978 and
which have not been materially altered, destroyed or reconstructed
since that time and structures which have been annexed since December
15, 1997.
(6) The
provision of this section shall not apply to accessory structures
or to structures containing nonconforming uses.
(7) The
provision of this section shall not be applicable to a mobile home
or HUD-Code manufactured home, and should a mobile home or HUD-Code
manufactured home be destroyed, it may not be replaced or reconstructed
for use on any property which is not zoned as a mobile home district
under the provisions of the Comprehensive Zoning Ordinance.
If destruction of a nonconforming structure or a structure containing
a nonconforming use is determined to be less than sixty (60) percent
of its appraised value for tax purposes, restoration must be complete
within twelve (12) months of the damaging event. If restoration is
not substantially complete within this period, the use permit for
the nonconforming use shall be rescinded, unless an extension is granted
by the Board of Adjustment upon a showing of good cause.
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Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, Sections
8-101 through 8-108 [8-107] shall also apply to any nonconforming uses existing therein.