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154.16 NONCONFORMING USES
 
154.16                NONCONFORMING USES
 
154.16.00           EXISTING NONCONFORMING USES - CONTINUATION
 
                           Except as hereinafter specified, any use, building or structure, existing at the time of the enactment of this Ordinance may be continued, even though such use, building or structure may not conform with the provisions of this Ordinance for the district in which it is located.
 
154.16.01           NONCONFORMING USES OR BUILDINGS - ENLARGEMENT, SUBSTITUTION, ETC.
 
                           No existing building or lot devoted to a use not permitted by this Ordinance in the district in which such building or lot is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, and except as follows:
 
154.16.01.01      Substitution or extension
 
                           When authorized by the Board, in accordance with the provisions of 154.61, the substitution for a nonconforming use of another not more objectionable nonconforming use or an extension of a nonconforming use may be made, but not both a substitution and an extension.
 
154.16.01.02      Extension upon adjoining lot
 
                           When authorized by the Board in accordance with the provisions of 154.61, the extension or completion of a building devoted to a nonconforming use upon a lot occupied by such building or on a lot adjoining, provided that such lot was under the same ownership as the lot in question on the date the use of such building became nonconforming, and where such extension is necessary and identical to the existing use of such building.
 
154.16.01.03      Extension inside building
 
                           When authorized by the Board in accordance with the provisions of 154.61, a nonconforming use may be extended throughout those parts of a building which were manifestly designed and arranged for such use prior to the date when such use of said building became nonconforming, if no structural alterations, except those required by law, are made therein.
 
154.16.01.04      Nonconforming use made to conform
 
                           Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
 
154.16.02           DISCONTINUANCE - USE CEASED
 
                           No building, structure or lot where a nonconforming use has ceased for one (1) year or more shall again be put to a nonconforming use.
 
154.16.03           NONCONFORMING USE OF LAND - DISCONTINUANCE
 
                           All nonconforming uses of land not involving any building or structure exceeding three hundred ($300.00) dollars assessed valuation shall be discontinued within five (5) years of the date such use became nonconforming or of the date of the adoption of this Ordinance whichever is the later.
 
154.16.04           R-DISTRICTS - DISCONTINUANCE
 
                           Nonconforming uses of land involving any building or structure exceeding five hundred ($500.00) dollars assessed valuation, located in any R-District, and which are uses that are first permitted in the M-1 or M-2 districts shall be discontinued within forty (40) years of the date such use became nonconforming or of the date of the adoption of this Ordinance whichever is the later.
 
154.16.05           NONCONFORMITY - PERFORMANCE STANDARDS
 
                           All uses nonconforming at the time of adoption of this Ordinance, by reason of non-compliance with the provisions of 154.40, if not otherwise stipulated by the Board, shall adopt necessary measures to conform therewith within three (3) years of the adoption of this Ordinance.
 
154.16.06           REPLACING DAMAGED BUILDINGS
 
                           Any nonconforming building or structure damaged more than sixty (60) percent of its then fair market value, exclusive of foundations, at the time of damage by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God, shall not be restored or reconstructed and used as before such occurrence, but if less than sixty (60) percent damaged above the foundation, it may be restored, reconstructed, or used as before provided that it be done within six (6) months of such occurrence. However, that the Board, upon application made within six (6) months of such damage, and in accordance with the provisions of 154.61 and upon a consideration of the conditions set forth in 154.61.04 of said article, and a consideration of: (a) the extent to which the property or improvements in the neighborhood in which the property is located has adapted to the nonconforming use; and, (b) the difficulties and problems encountered in attempting to relocate the nonconforming use in some other location; may authorize the restoration or reconstruction and reuse of a nonconforming building or structure damaged more than sixty percent (60%) of its fair market value. (Ord. 3137-1976)
 
154.16.07           REPAIRS AND ALTERATIONS
 
                           Such repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure, provided no structural alterations shall be made except as are required by law or authorized by the Board.
 
154.16.08           NONCONFORMING USES IN FLOODWAY AND FLOODWAY FRINGE DISTRICTS
 
                           Any building, structure or other use in a Floodway (FW) or Floodway Fringe (FF) District which is not in conformance with this Ordinance constitutes a nonconforming use.
 
154.16.08.01      In a Floodway (FW) District no nonconforming use may be expanded or enlarged nor can a building undergo substantial modification without a permit for construction in a floodway from Natural Resources.
 
154.16.08.02      In a Floodway Fringe (FF) District a building which constitutes a nonconforming use may undergo substantial modification provided that such modification does not increase the value of the building by more than forty (40) percent of its pre-improvement market value (excluding the value of land) unless such building is permanently changed to a conforming use. (Ord. 26-1982)


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