§ 403. Continuance of nonconforming uses or structures.  


Latest version.
  • A lawful use of or vested right to use any building, structure or land existing at the time of the adoption of this ordinance or the adoption of any amendment thereto may be continued subject to the restrictions contained in this ordinance even though such use does not conform with the regulations of this ordinance except that:

    A.

    A nonconforming use or structure shall not be changed to another nonconforming use or structure.

    B.

    A nonconforming residential or agricultural structure, provided the use therein is a permitted use, may be enlarged, provided [that] it is an improvement, subject to building codes and regulations, to come into conformity with the zoning district development standards, after the date of adoption of this ordinance or the adoption of any amendments thereto.

    C.

    A nonconforming use shall not be reestablished after discontinuance for six months regardless of any reservation of an intent not to abandon.

    D.

    Any intended nonconforming use for which a vested right was acquired prior to the adoption of this ordinance or the adoption of an amendment thereto shall be prohibited unless such is actually commenced within one year of the adoption of this ordinance or the adoption of an amendment thereto regardless of the intent or expectation to commence or abandon such nonconforming use.

    E.

    A nonconforming structure shall not be rebuilt, altered, or repaired except as provided herein:

    1.

    If the structure is altered or repaired, said alterations or repairs shall be an improvement and in conformity with the building codes in force at the time of said alteration or repair; provided, however, that said alteration or repair shall not extend or enlarge the structure being altered or repaired.

    2.

    If the structure is totally rebuilt, the replacement structure shall conform with all the requirements of this ordinance, except as to the district; provided, however, [that] said replacement structure may not occupy an area greater than the replaced structure.