§ 115-13. Nonconforming uses.  


Latest version.
  • (a)

    The lawful use of any building or structure or land existing at the time of the enactment or amendment of this chapter may be continued, even though such use does not conform with the provisions of this chapter, except that the nonconforming use shall not be:

    (1)

    Extended to occupy a greater area of land.

    (2)

    Extended to occupy a greater area of a building or structure unless such additional area of the building or structure existed at the time of the passage or amendment of this chapter and was clearly designed to house the same use as the nonconforming use occupying the other portion of the building or structure.

    (3)

    Reestablished after discontinuance for six months.

    (4)

    Changed to another nonconforming use.

    (b)

    A building occupied by a nonconforming use at the time of the enactment or amendment of this chapter may be retained, except it shall not be:

    (1)

    Enlarged, altered or rebuilt, except in conformance with this chapter, but it may be repaired to the extent necessary to maintain it in a safe and sanitary condition.

    (2)

    Rebuilt, altered or repaired after damage exceeding 50 percent of its replacement cost at the time of destruction, except in conformity with this chapter.

(Code 1979, § 8-4-13; Code 1998, § 106-13; Ord. No. 06-2002, § 106-13, 3-4-2002; Ord. No. 14-2003, § 106-13, 10-6-2003)