The intent of this Article is to specify the conditions whereby uses of nonconforming buildings, structures, premises, property and land may be continued or altered, and the conditions upon which said uses shall be terminated.

(Prior code 23-266; Ord. 10-14 §1, 2014)

Nonconforming buildings and structures and uses may be repaired and maintained, continued or restored after damage or destruction, subject to the following conditions:

(1)

Use of a nonconforming building or structure shall not be expanded, altered, enlarged or relocated, except as permitted in Section 16-18-30 below.

(2)

Whenever a nonconforming building, structure or use has been damaged or destroyed to an extent of fifty percent (50%) or less of its replacement value, or discontinued, such nonconforming building, structure or use may be restored to its original condition or continue as a nonconforming use, provided that restoration or reconstruction work on a building or structure is started within six (6) months and completed within eighteen (18) months of the event of said damage or destruction and that any discontinued nonconforming use is recommenced within twelve (12) months of its discontinuation, excluding any period of time during which timely restoration or reconstruction work is being performed in accordance with this Paragraph. For purposes of this Paragraph, the original condition of a building or structure means its original location, size and height.

(Prior code 23-267; Ord. 10-14 §1, 2014)

A nonconforming building or structure shall not be enlarged, altered or expanded unless such is done in compliance with both of the following:

(1)

Any such addition or alteration shall be done in compliance with all applicable Code provisions, rules and regulations of the City and

(2)

A minimum of fifty (50) percent of the building's existing exterior walls must be maintained as exterior walls.

(Prior code 23-268; Ord. 10-14 §1, 2014; Ord. No. 2018-08, §1, 6-7-2018)

A nonconforming building, premises, land, property or use shall be required to come into conformity with all applicable requirements of this Code if any of the following occur:

(1)

The nonconforming building, premises, land or property is vacated for any period greater than one (1) year or the nonconforming use ceases for any period greater than one (1) year, excluding any period of time during which timely restoration or reconstruction work is being performed in accordance with Paragraph 16-18-20(2) above.

(2)

Except as otherwise specifically permitted by this Code, a nonconforming building, premises, land, property or use is enlarged, altered or expanded.

(3)

A nonconforming building, premises, land, property or use is changed to a conforming building, premises, land, property or use.

(4)

A nonconforming building, premises, land, property or use is destroyed or damaged to an extent of greater than fifty percent (50%) of its replacement value. This Paragraph shall not apply to any nonconforming building, premises, land or property which is occupied as a residence, or to any nonconforming use as a residence.

(5)

A nonconforming building, premises, land or property which is occupied as a residence, or any nonconforming use as a residence, is destroyed in any manner, or is damaged in any manner; except that, in the event of such damage or destruction, the building, premises, land, property or use may be restored to its original condition, provided that such restoration shall be started within six (6) months and shall be completed within eighteen (18) months of the event of said damage or destruction. For purposes of this Paragraph, the original condition of a building or premises means its original location, size and height.

(Prior code 23-269; Ord. 10-14 §1, 2014)

Where an individual lot was held in separate ownership from adjoining properties or was platted and recorded at the time of passage of the ordinance codified herein and has less area or less width than required in other sections of this Chapter, such lot may be occupied according to the permitted uses provided for the district in which such lot is located.

(Ord. 10-14 §1, 2014)