CHAPTER 19-6
NONCONFORMING LOTS, BUILDINGS, AND USES.

19-6-1 Nonconforming Lots, Buildings, and Uses Which May Be Continued:

(A)    A lot or group of lots which were platted and recorded in the office of the Register of Deeds prior the effective date of these regulations may be used for any purpose permitted in the district in which it is located; provided, however, that no residential land use permit shall be issued for construction of a residential structure on a lot or group of lots that do not conform with the minimum yard and height requirements unless specifically authorized by the Board of Zoning Appeals.

(B)    Nonconforming Buildings. The lawful use of a building located upon any land, except as provided below, may be continued although such use does not conform with the provisions of these Regulations and such use may be continued throughout the building if no structural alterations are made therein, except those required by law. If no structural alterations are made in such building, a nonconforming use of the building may be changed to another nonconforming use of the same or more restricted use classification. The foregoing provisions shall also apply to any uses of the buildings which may be made nonconforming by any subsequent amendment or change of these Regulations.

(C)    Nonconforming Uses of Land. The following lawful nonconforming uses of land may be continued:

(1)    A use of land which existed prior to the effective date of these Regulations.

(2)    A use of land existing at the time of annexation to the reservation.

(3)    A use of land existing at the time an amendment is made to these Regulations which changes such land to a more restricted district.

19-6-2 Nonconforming Lots, Buildings, and Uses Which May Not Be Continued:

(A)    Whenever a nonconforming use of a building has been changed to a more nonconforming use, such use shall not thereafter be changed to a less nonconforming use.

(B)    A nonconforming building which has been damaged to the extent of more than fifty (50) percent of its structural value by fire, explosion, act of God, or the public enemy shall not be restored, except in accordance with all regulations of the zoning district.

(C)    Any nonconforming use that discontinues operation for a period longer than six (6) months, shall thereafter not be continued unless it fully conforms to the district regulations.

(D)    Any use which is accessory to a nonconforming use shall not continue after the principal structure or use ceases or is discontinued.