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Elmer City Zoning Code

§ 25-16.3

Continuation of Nonconforming Uses and Structures.

[Ord. No. 79-4 § 3.6]
a. 
Any nonconforming structure or use lawfully existing at the time of enactment of this chapter or any subsequent amendment may be continued with the following limitations:
1. 
A nonconforming use shall terminate upon abandonment at any time, which shall be presumed when the actual conduct of a nonconforming use is discontinued for a period of 12 consecutive months for any reason or is resumed for less than one month within a year. The structure premises, or structure and premises in combination, as the case may be, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
2. 
A nonconforming use shall not be enlarged, extended, moved to a different position on the lot, or structurally altered in any way, except as may be required for normal maintenance or to prevent damage or injury. A pre-existing, nonconforming use in a structure may be changed to a use permitted in the district in which it is located.
3. 
A nonconforming structure shall not be enlarged or altered in a way which increases its nonconformity and shall not be moved any distance whatever unless it will thereafter conform to the regulations of the district in which it is located.
4. 
A nonconforming structure or use shall not be reconstructed except in conformance with this chapter should such structure be destroyed by any means to an extent of more than 75% of its replacement cost at the time of destruction.
5. 
Any nonconforming structure or use which is superseded by a permitted structure or use shall thereafter conform to the regulations of the district in which it is located and the nonconforming structure or use shall not be reinstituted.
b. 
An application may be made to the Land Use Board for relief if a nonconforming structure or use is not permitted to be continued based upon the conditions listed in Subsection a if warranted by hardship or special reasons. Such application shall conform to the procedures listed in this chapter.