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Eagle Grove City Zoning Code

165.06 NONCONFORMING

USES AND STRUCTURES.

The continuance of nonconforming uses or structures shall be subject to the following limitations:
1.   Continuation. Any lawful use of a building or land, existing at the effective date of this chapter, may be continued, although such use does not conform to the provisions of this chapter.
2.   Extension. A nonconforming use shall not be extended, but the extension of a conforming use to any portion of a nonconforming building which existed prior to the effective date of this chapter shall not be deemed the extension of a nonconforming use.
3.   Restoration. No structure constructed or expanded after December 31, 2007, that is damaged by fire or other causes to the extent of more than 50 percent of its current market value shall be repaired or rebuilt except in conformity with the regulations of this chapter. However, the following rule shall apply to structures that were constructed or expanded prior to December 31, 2007, in violation of the City Zoning Code in regard to setback distances, uses, or other reasons. If such nonconforming structures are damaged or destroyed, the repair or reconstruction of such structures shall not change the location (setback distances), dimensions, or use of the damaged or destroyed structure.
4.   Abandonment. Whenever a nonconforming use has been discontinued for a period of one continuous year, or 365 days within a 730-day period, such use shall not be re-established and any subsequent use shall be in conformity with the provisions of this chapter.
5.   Substitution of Nonconforming Uses. No nonconforming use may be changed to any other nonconforming use, unless the Board of Adjustment shall find that the proposed nonconforming use is not more detrimental to the district than the existing nonconforming use of the property. The Board of Adjustment may specify such appropriate conditions and safeguards as may be required in connection with such change.