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Earlham City Zoning Code

165.42 NONCONFORMING

USES.

   1.   Authority to Continue. Any building, structure or use lawfully established and existing on March 20, 1969, which does not conform to all of the regulations of the district in which it is located, may be continued subject to the provisions of this Zoning Ordinance. To avoid undue hardship, nothing in this Zoning Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance codified in this chapter, and upon which actual building construction has been diligently carried on. Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be diligently carried on until completion of the building involved.
   2.   Repairs and Alterations. Repairs and alterations may be made to a nonconforming building, provided that no structural alterations shall be made to a building which is designed or intended for a use not permitted in the district in which it is located, except that structural alterations may be made if they are required by law or are necessary to make the building and use thereof conform to the regulations of the district.
   3.   Additions and Expansions. A nonconforming building which is nonconforming as to size, height or setbacks, or substantially all of which is designed or intended for a use not permitted in the district in which it is located, shall not be added to, expanded or enlarged unless the entire building thereafter conforms to all of the regulations of the district as to size. A nonconforming use of land shall not be expanded or extended beyond the area it occupied on February 3, 1969.
   4.   Discontinuation. A building substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, which is or hereafter becomes vacant and remains unoccupied or is not used for a period of two years, shall not thereafter be occupied or used except in a manner which conforms to the use regulations of the district in which it is located. If a nonconforming use of land only is discontinued for a period of six months, such use shall not thereafter be renewed, and any subsequent use of the land shall conform to the regulations of the district in which it is located.
   5.   Restoration of a Damaged Nonconforming Building. A building, designed or intended for a use which is not permitted in the district in which it is located, which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration shall exceed 60 percent of the cost of replacement of the entire building, shall not be restored unless such building and use thereof shall conform to all the regulations of the district in which it is located. If the cost of restoration of such damaged building does not exceed 60 percent of the cost of replacement of the entire building, no repairs or reconstruction shall be made unless such restoration is commenced within one year from the date of the fire or other casualty or act of God and is diligently pursued until completion.
   6.   Uses Under “Special Permit Uses.” Any use for which a special exception is permitted as provided in Sections 165.36 through 165.41 of this chapter shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use.