§ 36-6. Nonconforming uses.

Nonconforming uses are regulated as follows:

(1)

The building may not be expanded and/or structurally altered unless they are brought into conformity with the provisions of this chapter.

(2)

The building may not be enlarged or expanded vertically except for the addition of cooling, heating, exhaust, and ventilating appurtenances or facilities.

(3)

If a structure in which a nonconforming use is operated, is damaged or destroyed to the extent of more than 60 percent of its fair market value, by fire, explosion, act of God, or the public enemy, then any restoration or new construction shall be for a permitted or conforming use, except that if the lot upon which such damaged or destroyed nonconforming use was located is adjacent on both side lines to lots each occupied by a nonconforming use at the time a building is requested for restoration or new construction, then such building permit may be granted, provided that there shall be no open storage upon the lot premises and that there is compliance with the yard requirements for permitted uses in the district in which the use is to be located.

(4)

The computing of the percentage of damage or destruction to a nonconforming use composed of a group of individual structures which are principal buildings shall be based on the fair market value of the entire development comprising the group and not the individual structure.

(5)

If a nonconforming use of any land or structure or premise is voluntarily discontinued for a period of one year, the use of the same shall there after conform to the requirements of the district in which it is located. The Board of Adjustment shall have the power to grant extensions not to exceed six calendar months each when warranted by evidence presented to the Board.

(Ord. No. 100-02-08, § I(exh. A, § X), 8-12-2008)