Twin Oaks City Zoning Code
ARTICLE XIII
Non-Conforming Uses
Section 400.450 Continuance Of Use.
[Ord. No. 20-21, 12-16-2020; Ord. No. 22-12, 6-15-2022]
A.
The lawful use of a building or land existing at the time of the effective date of this Chapter may be continued, although such use does not conform to the provisions of this Chapter; provided that in the event of any change, extension or alteration of the non-conforming use, the right to continue the non-conforming use shall lapse and thereafter the use of the building or land shall conform in all respects to the requirements of this Chapter.
B.
For purposes of this Article, in the residential districts, the phrase "change, extension, or alteration" of the use shall not include maintenance, repair, or remodeling of a Single-Family Dwelling and no such maintenance, repair, or remodeling shall be deemed to create any additional non-conformity nor expand or increase all or any part of the non-conforming portion of such dwelling.
C.
Notwithstanding anything in Subsection (A) above, where a change, extension, or alteration to a Single-Family Dwelling does not result in any further encroachment into the setbacks by the Single-Family Dwelling, such change, extension, or alteration will not affect the legal non-conforming status of the Single-Family Dwelling or its lot. By way of illustration, a legal non-conforming Single-Family Dwelling that encroaches into a side setback may be expanded into the rear yard so long as it does not encroach into the rear yard setback and by further illustration, a legal non-conforming Single-Family Dwelling that encroaches into a side setback by three (3) feet may be expanded on the same side where the encroachment exists so long as the new addition to the dwelling does not encroach by more than three (3) feet.
D.
Nothing in this Article shall be deemed to prevent the strengthening or restoring of a structure to a safe condition in accordance with an order of a City or County official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition.
Section 400.460 Discontinuance.
[Ord. No. 20-21, 12-16-2020]
A.
In the event that any non-conforming use or use of a non-conforming building is discontinued for a period of one hundred eighty (180) days, the same shall be deemed to be abandoned and thereafter the use or building shall conform to the requirements of this Chapter for the zoning district in which the use or building is located. Such discontinuance may be evidenced by either:
Section 400.470 Damage And Restoration.
[Ord. No. 20-21, 12-16-2020; Ord. No. 22-12, 6-15-2022]
When a building, the use of which does not conform to the requirements of this Chapter, is damaged by fire, explosion, act of God or the public enemy to the extent of more than fifty percent (50%) of the original structure or fifty percent (50%) of the value of the building as determined by the Code Enforcement Official, the building and use shall not be restored except in conformity with the requirements of this Chapter for the zoning district in which the building and use is situated except that a non-conforming Single-Family Dwelling or conforming Single-Family Dwelling on a non-conforming lot, that is damaged, becomes extensively deteriorated or is destroyed, may be restored provided that the restored dwelling is confined to the same footprint as the original dwelling.