Chapter 25 ZONING ORDINANCE.
Article 21. Special Provisions.
Sec. 25-21-55. Nonconforming uses.
(a) Continuing Existing Buildings and Uses. Except as hereinafter
provided, any use of land, building or structure, lawfully existing at the time
of the adoption of this chapter may be continued, even though such use, building
or structure may not conform to the provisions of this chapter or the zone in
which it is located. Nonconforming signs are subject to the provisions of
(b) Nonconforming Buildings and Structures.
and Repair. A conforming building or structure may be maintained or repaired as
required to keep the building or structure in sound condition, provided however
that no structural alterations shall be made except those required by the
(2) Additions and Enlargements. No building or structure
nonconforming as to use, lot area, or yard width or depth regulations, may be
added to or enlarged unless such nonconforming building or structure and the
additions and enlargements thereto and the use thereof are all made to conform
to the regulations of the zone in which it is located.
(3) Relocation. A
nonconforming building shall not be moved to any other lot or to any other
portion of the lot on which it is presently located unless as a result of the
move the building shall conform to the regulations of the zone in which it will
be located after the move.
(4) Restoration--Damaged Buildings. A
nonconforming building or structure which is damaged or partially destroyed by
any reason to an extent of not more than fifty percent of its market value at
that time, may be restored and the occupancy or use of such building or
structure may be continued or resumed, provided such restoration is started
within a period of one year and is diligently prosecuted to completion. In the
event such damage or destruction exceeds fifty percent of the market value of
the building or structure, no repairs or reconstruction shall be made unless
every portion of such building or structure is made to conform to all
regulations for new buildings in the zone in which it is
(c) Nonconforming Use of Buildings.
(1) Extension of Use. A
nonconforming use may not be extended to other parts of a building unless
authorized by the zoning administrator.
(2) Change of Use. The nonconforming
use of a building may be changed to another nonconforming use, which, in the
opinion of the zoning administrator, is of the same or of a more restrictive
(d) Vacancy. Any nonconforming use of land and/or building or
structure which becomes vacant and remains unoccupied for a continuous period of
one year shall not thereafter be occupied except by a use which conforms to the
use regulations of the zone in which it is located. (Amended during the March