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Seven Fields City Zoning Code

ARTICLE IX

Nonconformities

§ 340-63 Continuance.

A. 
Within the zoning districts established by this chapter, there exist uses and lots of land that were lawful before this chapter's adoption but which are now prohibited, regulated or restricted under the terms of this chapter. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are considered incompatible with the permitted uses in the zoning districts involved.
B. 
A nonconforming use may be extended throughout a building that was designed and arranged specifically for the nonconforming use, but the nonconforming use shall not be permitted to occupy land outside the building.

§ 340-64 Discontinuance of use.

If the use of any such nonconforming structure or lot ceases for any reason for a period of more than 12 consecutive months, any subsequent use of the structure or lot shall conform to the regulations specified by this chapter for the zoning district involved.

§ 340-65 Alterations.

Any nonconforming use of a structure may be enlarged, extended, reconstructed or structurally altered, provided that such enlargement, extension, or reconstruction does not exceed 25% of the established gross floor area and that any nonconforming setbacks are not further extended. Any nonconforming use of a property other than the structure or signage may be enlarged, provided that such enlargement does not exceed 25% of the established nonconforming use area and that any required buffer areas or other setback requirements are not encroached upon. The Zoning Officer shall make the determination of allowance for this provision in accordance with the following standards:
A. 
Said alteration will not generate additional noise, odors, glare, vibrations, dust or water or air pollution than is currently caused by the nonconforming use at that site.
B. 
Said alteration will not be or cause a safety hazard to neighboring uses.

§ 340-66 Reconstruction.

When a nonconforming building, structure or use is destroyed or partially destroyed by fire, explosion, or other casualty, or is otherwise damaged to the extent of 75% of the appraised replacement value of such building or structure, such nonconforming building or structure shall not be restored or rebuilt except in such a manner as to conform to the regulations of this chapter. When a nonconforming building or structure is partially destroyed by fire, explosion or other disaster to less than 75% of its appraised replacement value, it may be restored to its original use, provided that the building or structure is no larger than the extent of the original building or structure and the required building permit is obtained within 12 months from the date of such disaster.

§ 340-67 Signs.

Nonconforming signs may be repaired, provided that no structural alterations are made which increase the gross surface area of the sign. Nonconforming signs may not be enlarged, added to or replaced by another nonconforming sign for the same or different business.