Flanagan City Zoning Code
NON-CONFORMING BUILDING
AND USES
§ 152.035 CONTINUATION OF USE.
Any lawfully established use of a building or land established prior to the effective date of this chapter or of amendments hereto that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal non-conforming use and may be continued except as otherwise provided herein.
(Ord. passed 7-6-1976)
§ 152.036 DISCONTINUANCE OF USE.
(A) Whenever any part of a building, structure, or land occupied by a non-conforming use is changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by any non-conforming use.
(B) Whenever a non-conforming use of a building or structure or a part thereof has been discontinued for a period of 18 consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a non-conforming use, such use shall not, after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district.
(Ord. passed 7-6-1976)
§ 152.037 REPAIRS AND ALTERATIONS.
No structural alterations shall be made in a building or other structure containing a non-conforming use except when it is required by law or when the alteration will actually result in eliminating the non-conforming use.
(Ord. passed 7-6-1976)
§ 152.038 DAMAGE AND DESTRUCTION.
If a building or other structure containing a non-conforming use is damaged or destroyed by any means to the extent of 50% or more of its replacement value at that time, the building or other structure may be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district.
(Ord. passed 7-6-1976)