Page 20 - Microsoft Word - Chapter 17 - Zoning Code .docx

unless otherwise specifically designated, shall be deemed to be the same as that of
the abutting property up to such property line.

17.08 NONCONFORMING USES, STRUCTURES AND LOTS.

(1) The existing lawful use of a building, premises, structure, or fixture at the time of
the enactment of this chapter or any amendment thereto may be continued
although such use does not conform with the provisions of this chapter for the
district in which it is located, but such nonconforming use shall not be enlarged or
extended. The total structural repairs or alterations in such a nonconforming
building, premises, structure, or fixture shall not during its life exceed 50 percent
of the assessed value of the building, premises, structure, or fixture unless
permanently changed to a conforming use.

(2) If no structural alterations are made, a nonconforming use of a building may be
changed to another nonconforming use of the same or a more restricted
classification. Whenever a nonconforming use has been changed to a more
restricted nonconforming use or a conforming use, such use shall not thereafter be
changed to a less restricted use.

(3) A nonconforming use shall not be changed to any other nonconforming use unless
or until a permit therefor shall have been issued by the Plan Commission, which
may attach such conditions as it deems appropriate.

(4) If the nonconforming use is discontinued for a period of 12 months, any future use
of the building, premises, structure, or fixture shall conform to the regulations for
the district in which it is located.

(5) (a) The above restrictions on repairs or alterations to damaged or destroyed
nonconforming structures do not prohibit the restoration of a
nonconforming structure if the structure will be restored to the size,
location, and use that it had immediately before the damage occurred if all
of the following apply:

1. The nonconforming structure was damaged or destroyed on or after
May 2, 2006.

2. The damage or destruction was caused by violent wind, vandalism,
fire, flood, ice, snow, mold or infestation.

(b) If the above conditions are applicable, the size of a structure may be larger
than the size it was immediately before the damage or destruction if

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