Certain uses of land and buildings may be found to be in existence at the time of enactment of the initial ordinance codified herein that do not meet the requirements of this Title. It is the intent of this Chapter to allow the continuance of such nonconforming uses.

(Prior Code, § 10-9-6)

No building or use that is nonconforming as of the effective date of this Title shall be expanded in any way that would increase the degree of nonconformance. The following changes or alterations may be made to a nonconforming building:

(1)

Repair to a building that officially has been declared unsafe, to restore such building to a safe condition.

(2)

Maintenance repairs that are necessary to maintain the good condition of the building.

(3)

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

(Prior Code, § 10-9-6)

A nonconforming building that has been damaged by fire or other natural causes may be restored to its original usability, provided that such restoration is begun within three months and completed within 12 months of the occurrence of the damage.

(Prior Code, § 10-9-6)

(a)

Whenever a nonconforming use has been discontinued for a period of nine months, it shall not thereafter be reestablished. Any future use shall be in conformance with the provisions of this Title.

(b)

Any nonconforming use in existence at the time of the effective date of the initial ordinance codified herein that has an assessed valuation of all improvements of $150.00 or less shall be discontinued within two years from the effective date of said nonconformance.

(c)

Any mining or mining related uses shall be considered discontinued when a current state mining permit is not in existence for the property, and no renewal of such permit has been pending for the full period since the expiration of the prior mining permit. Under no circumstance shall the mere existence of mining or mining related uses in the past on a property be considered a nonconforming use for the purposes of this Chapter 6.

(Prior Code, § 10-9-6; Ord. No. 01-2021, § 5, 5-3-2021)

Nonconforming lots on record on the date of enactment of the initial ordinance codified herein may be built upon, provided that yard requirements are met and that the approval of the Board of Zoning Adjustments is obtained.

(Prior Code, § 10-9-6)

No nonconforming use of a building or lot may be changed to another nonconforming use.

(Prior Code, § 10-9-6)

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 diligently shall have been prosecuted within three months of the date of such permit.

(Prior Code, § 10-9-6)