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Port Vue City Zoning Code

ARTICLE X

Nonconforming Uses

§ 310-31 Regulations.

[Amended 9-12-1989 by Ord. No. 401; 5-30-1990 by Ord. No. 446]
A. 
The lawful use of land existing at the time of the adoption of this Article X, although such use does not conform to the provisions hereof, may be continued; but, if such nonconforming use is discontinued, any future use of said land shall be in conformity with the provisions of this chapter.
B. 
A nonconforming structure may be maintained, repaired, or altered in internal arrangement, provided that no structural alterations shall be made except those that may be ordered by an authorized public officer for the safety and protection of the occupants or of adjoining properties.
C. 
Restoration of damaged structures. A nonconforming structure which is damaged or destroyed by fire or other casualty or act of God, to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50% of the cost of restoration of the entire structure new, shall not be restored to said nonconforming use. In the event such damage or destruction is 50% or less than the cost of restoration of the entire structure new, no repairs or reconstruction shall be made unless such restoration is started within six months from the date of the partial destruction and is diligently prosecuted to completion.
D. 
A nonconforming use may be continued—but if the nonconforming structure is changed to, or altered to be, or rebuilt as, a conforming structure, the use thereafter shall be in conformity with the provisions of this chapter.
E. 
A nonconforming use or a nonconforming structure which is nonconforming only because of failure to provide required automobile parking, shall have all the rights of a conforming use or structure as noted above. This provision, however, shall not be deemed to remove the obligation to provide required automobile parking space for the enlarged or changed portion of the use or structure at the time of such enlargement or change.
F. 
A nonconforming use may be continued as hereinafter prescribed but, when any such nonconforming use ceases, or the structure or portion thereof so used becomes vacant and remains unoccupied for a continuous period of one year or more, or when any such use is changed to a conforming use, any future use of the structure shall be in conformity with the provisions of this chapter.
G. 
A nonconforming use may be changed to another nonconforming use.
H. 
The Zoning Officer shall identify and record all nonconforming uses.