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Effingham City Zoning Code

ARTICLE 28

- NONCONFORMING USES

28-1. Nonconforming buildings.

A.

Any lawful use of a building existing at the effective date of this ordinance may be continued even though such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming 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. The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of the adoption of this ordinance.

B.

Whenever the use of a building shall become nonconforming through a change in the zoning ordinance or in the district boundaries, such use may be continued and, if no structural alterations are made, may be changed to another nonconforming use of the same or of a more restricted classification.

C.

Whenever a nonconforming use of a building or portion thereof is discontinued for a continuous prior of one (1) year, any future use of such buildings or portion thereof shall be in conformity with the regulation of the district in which such building is located.

D.

A nonconforming building which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than sixty (60) percent of its reproduction value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than sixty (60) percent of its reproduction value, a nonconforming building may be repaired or reconstructed and used as before the time of damage; provided such repairs or reconstruction is completed within one (1) year of the date of such damage.

E.

A nonconforming use in violation of the provisions of the zoning ordinance which this ordinance amends shall not be validated by the adoption of this ordinance.

28-2. Alteration of non-conforming building. Structural alterations or additions to a building which are nonconforming solely with respect to the height and area requirements established in Article 21 of this ordinance shall be permitted, provided that no such alteration or addition shall increase the existing nonconformity or create a new nonconformity.

28-3. Nonconforming uses of land. A nonconforming use of land existing at the effective date of this ordinance may be continued; provided, however, that no such nonconforming use of land shall, in any way, be expanded or extended either on the same or adjoining property. If such nonconforming use of land or any portion thereof is discontinued for a continuous period of one (1) year or changed, then future use of such land shall be in conformity with the provisions of this ordinance.