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Schulenburg City Zoning Code

§ 4

NONCONFORMING USES.

4.1 
Except as hereinafter specified, any use, building or structure existing at the time of enactment of this ordinance may be continued, even though such use, building or structure may not conform with the provisions of this ordinance for the district in which it is located; provided, however, that this section shall not apply to any use, building or structure established in violation of any zoning ordinance previously in effect in the City of Schulenburg.
4.2 
Conditional uses.
Any use existing on the effective date of this ordinance which is listed as a conditional use shall be and shall remain a nonconforming use until a conditional use permit is obtained as provided in this ordinance. (See section 10.)
4.3 
Alteration of nonconforming uses.
No existing building or premises devoted to a use that is not permitted by this ordinance in the district in which such building or premises is located shall be enlarged, extended, reconstructed, substituted, or structurally altered, except when required to do so by law or order, unless the use thereof is changed to a use that is permitted in the district in which such building or premises is located, and except as follows:
4.4 
When authorized by the board of adjustment in accordance with the provisions of section 11, the substitution for a nonconforming use of another nonconforming use, or an extension of a nonconforming use, may be made;
4.5 
Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use;
4.6 
When authorized by the board of adjustment in accordance with the provisions of section 11 enlargement or completion of a building devoted to a nonconforming use may be made upon the lot occupied by such building, where such extension is necessary and incidental to the existing use of such building and does not exceed twenty-five (25) percent of the original area of nonconformity.
4.7 
When authorized by the board of adjustment in accordance with the provisions of section 11 a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date on which such use of said building became nonconforming, if no structural alterations, except those required by law, are made therein.
4.8 
Cessation of use of a building or land.
For the purpose of the succeeding subsections, a use shall be deemed to have ceased when it has been discontinued for twelve (12) months whether with the intent to abandon said use or not.
4.9 
No building or structure which was originally designed for a nonconforming use shall again be put to a nonconforming use, where such use has ceased for twelve (12) months or more.
4.10 
No building or structure which was not originally designed for a nonconforming use shall again be put to a nonconforming use where such use has ceased for twelve (12) months or more.
4.11 
The use of land (without buildings) which does not conform to the provisions of this ordinance shall be discontinued within one (1) year from the enactment of this ordinance. The nonconforming use of land which became nonconforming by reason of subsequent amendments to this ordinance shall be discontinued within one (1) year from the date of such amendment.
4.12 
Construction approved prior to enactment date of ordinance.
Nothing herein shall be construed to require any change in the overall plans, construction, or designated use of any development, structure, or part thereof, where official approval and required building permits were granted before the enactment of this ordinance.
4.13 
Unsafe buildings, repair of.
Nothing in this ordinance shall be construed to prohibit the strengthening or repair of any part of any building or structure declared unsafe by the building official.
4.14 
Damage or destruction.
Any nonconforming structure which is damaged more than sixty (60) percent of its appraised value for tax purposes, exclusive of its foundations, by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, shall not be restored or reconstructed and used as it was before such happening. If such structure is damaged less than sixty (60) percent of its then appraised value for tax purposes, it may be restored, reconstructed, or used as before, provided that such restoration or reconstruction is completed within twelve (12) months of the damaging event.
(Ordinance adopted 6/15/73)