Subject to the provisions of this chapter, a nonconforming structure or use may be continued and maintained in reasonable repair but shall not be altered or extended, except as provided for elsewhere in this chapter. The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use at the time of adoption of the ordinance codified in this title is not an extension of a nonconforming use.

(Ord. 3-96 (part), 1996).

A structure conforming as to use but nonconforming as to height, setback, or coverage may be altered or extended providing the alteration or extension does not result in a violation of this title.

(Ord. 3-96 (part), 1996).

A nonconforming structure to be extended or enlarged shall conform with the provisions of this chapter; a nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the enactment of the ordinance codified in this title.

(Ord. 3-96 (part), 1996).

The following changes or alterations may be made to a nonconforming building or to a conforming building or to a conforming building housing a nonconforming use:

A.

Maintenance repairs that are needed to maintain the good condition of a building, except that if a building has been officially condemned, it may not be restored under this provision;

B.

Any structural alteration that would reduce the degree of nonconformance or change the use to a conforming use.

(Ord. 3-96 (part), 1996).

A.

If a nonconforming use or structure is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed fifty (50) percent of the cost of reconstructing the entire activity, it shall be restored only if such use complies with the requirements of this title.

B.

Where a conforming structure devoted to a nonconforming use or a nonconforming structure is damaged less than fifty (50) percent of the cost of reconstructing the entire structure, either may be repaired or restored, provided any such repair or restoration is started within twelve (12) months and is completed within eighteen (18) months from the date of partial destruction.

C.

The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any structure or use devoted to a nonconforming use.

D.

Subject to the provisions of this title, a nonconforming single-family dwelling unit or its nonconforming accessory structure, existing as of the effective date of the ordinance codified in this chapter, and located in any zone district shall be subject to the provisions of this chapter, with the following exception: Should the nonconforming single-family dwelling unit or its nonconforming accessory structure be destroyed or damaged in any manner, the nonconforming structure may be reconstructed, and its use as a dwelling unit or accessory structure may be continued without regard to the extent of the damage or destruction; provided, that the lot coverage of the reconstructed unit shall not exceed the lot coverage of the nonconforming structure prior to the event that caused the damage or destruction. The reconstructed nonconforming single-family dwelling unit or its nonconforming accessory structure shall not increase the degree of nonconformance of yard and bulk requirements of the applicable zone district. The exception in this subsection shall not apply to mobile homes.

(Ord. 22-2005 § 1, 2005).

A.

Whenever a nonconforming use has been discontinued for a period of six (6) months, it shall not thereafter be reestablished and any future use shall be in conformance with the provisions of this title.

B.

A nonconforming use of a building or lot may not be changed to another nonconforming use.

(Ord. 22-2005 § 2, 2005).

Nothing herein contained shall require any change in plans, construction, or designated use of a building or structure for which a building permit has been issued and construction of which shall have been diligently prosecuted within three (3) months of the date of such permit or approval.

(Ord. 3-96 (part), 1996).

The Board of Adjustment may authorize, upon appeal, an exception permitting an increase in the land area or the floor area, or both, on a structure or structures occupied by a nonconforming use, subject to terms and conditions fixed by the Board. No exception shall be authorized hereunder unless the Board shall find that all the following conditions exist:

A.

That the use is in full compliance with all requirements applicable to nonconforming uses;

B.

That literal enforcement of the provisions of this title will result in unnecessary hardship;

C.

That the exception will not substantially or permanently injure the appropriate use of adjacent conforming property in any zone district;

D.

That the exception will not alter the essential character of the district in which the property is located for which the exception is sought;

E.

That the exception will not adversely affect the public health, safety or welfare.

(Ord. 3-96 (part), 1996).

In any district, permitted structures and customary accessory buildings may be erected on any single lot or parcel of land which exists as a single lot or parcel of land of record at the time of the adoption of the ordinance codified in this title, notwithstanding limitations imposed by other provisions of this title, if the requirements of this section are satisfied. The provisions of this section shall apply even though such lot or parcel of land fails to meet the requirements for area or width, or both, that are applicable in the district in which it is located; provided, that yard dimensions and requirements other than those applying to area or widths, or both, of the lot or parcel of land shall conform to the requirements of this title for the district where located. Variance of yard requirements shall be granted only through action of the Board of Zoning Adjustment of the City of Florence.

(Ord. 3-96 (part), 1996).