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Chaffee City Zoning Code

ARTICLE VII

Non-Conforming Uses

Section 405.660 Non-Conforming Uses.

[CC 1978 §405.140; Ord. No. 766 §17, 12-4-1972]
A. 
The lawful use of land for storage purposes which does not conform to the provisions of this Chapter shall be discontinued within five (5) years from the effective date of this Chapter, and the use of land for storage purposes which become non-conforming by reason of a subsequent change in this Chapter shall be discontinued five (5) years from the date of the change.
B. 
The lawful use of a building existing at the time of the effective date of this Chapter may be continued although such use does not conform to the provisions hereof. 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 of a more restricted classification. Whenever a non-conforming use 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.
C. 
Whenever the use of a building becomes a non-conforming use through a change in the Zoning Ordinance or district boundaries, such use may be continued and, if no structural alterations are made, it may be changed to another non-conforming use of the same or of a more restricted classification.
D. 
In the event that a non-conforming use of any building or premises is discontinued or its normal operation stopped for a period of two (2) years, the use of the same shall thereafter conform to the use permitted in the district in which it is located.
E. 
No existing building devoted to a use not permitted by this Chapter in the district in which such building is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted in the district in which such building is located, provided however, that present non-conforming industrial uses in the "M-1" Light Industrial District may be extended or enlarged by not to exceed a fifty percent (50%) increase in the cubical contents of the building; and further provided that all height and area regulations be observed in any such extension or enlargement.
F. 
When a building, the use of which does not conform to the provisions of this Chapter, is damaged by fire, explosion, act of God, or the public enemy to the extent of more than eighty percent (80%) of its fair market value, it may only be restored upon the issuance of a permit by the Board of Adjustment as provided in Chapter 400, Article II. Such restoration must be at least equal to the condition of said building immediately before said damage occurred.
G. 
A non-conforming use in violation of the provisions of the Zoning Ordinance which this Chapter supersedes shall not be validated by adoption of this Chapter.