Minden Town City Zoning Code
ARTICLE X
Nonconforming Uses
§ 90-55 Continuation of nonconforming uses.
The lawful use of any land or building existing at the time of adoption of this chapter may be continued although such use does not conform with the provisions of this chapter. Any such building may be reconstructed or structurally altered and the nonconforming use thereby changed, provided the following conditions prevail.
§ 90-56 Nonconforming uses of buildings.
Reconstruction or alteration. A nonconforming building may not be reconstructed or altered during its life to exceed 50% of its fair value, unless such building is changed from a nonconforming use to a conforming use as defined by this chapter, except that a mobile manufactured home which is a preexisting nonconforming use may be replaced with a new or larger mobile manufactured home, provided that such exchange is made within 30 days, and the owner has obtained a building permit to make the exchange.
Restoration. A building, nonconforming as to use, which has been damaged by fire or other causes to the extent of 75% of its fair value, and has not been repaired or reconstructed for the same nonconforming use within a period of 12 months, shall not be repaired or reconstructed except in conformance with the regulations of the district in which such building is located.
Discontinuance. When a nonconforming use has been discontinued for a period of 12 months, any future use of such building shall conform with the regulation for the district in which it is located.
Changes. A nonconforming use may not be changed to another nonconforming use under the provisions of this section.
Completion of building. Any building lawfully under construction at the time of enactment of this chapter may be completed.
§ 90-57 Nonconforming use of land.
The nonconforming use of land shall not be enlarged or extended beyond the area of land occupied by such use at the time of adoption of this chapter. A nonconforming use of land may not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of adoption of this chapter. If a nonconforming use of land is discontinued for a period of 12 consecutive months, it shall not be renewed, and any subsequent use of the land shall conform to the regulations of the district in which the land is located.