Chapter 18.130
NONCONFORMING USE
Sections:
18.130.010 Intent.
If, at the time of enactment of these regulations, or any amendment thereto, or any amendment resulting from an annexation of territory to the incorporated limits of the town, any lot, structure, or use of a lot or structure existed in a lawful manner but does not conform to the requirements or restrictions of these regulations applicable to the zoning district in which such lot or structure is situated, then such lot, structure, or uses shall be deemed to be a nonconforming use and may continue in the manner and to the extent that it existed or was being used at the time of enactment of these regulations, or subsequent amendments thereto, and to such changes in the nonconforming status as further provided by this section. (Ord. 06-10, 2006; prior code § 17-27-1)
18.130.020 Substitution.
A nonconforming use of a building or lot shall not be changed to another nonconforming use whatsoever. Changes in use shall be made only to a conforming use. (Ord. 06-10, 2006; prior code § 17-27-2)
18.130.030 Discontinuance.
In the event that any nonconforming use of property or building or portion thereof is discontinued or abandoned for a period of six consecutive months, any future use of the property or building shall be in conformity with the provisions of these zoning regulations. (Ord. 06-10, 2006; prior code § 17-27-3)
18.130.040 Damage.
In the event that a nonconforming use or building is damaged by fire, flood, or other calamity or act of nature, to an extent less than 50 percent of its appraised value at the time of damage, said use or building may be resumed or restored; provided, that such resumption or restoration is completed within a period of six months from the date of destruction. Such resumption or restoration shall not increase the floor space devoted to the nonconforming use over that which existed at the time damage occurred. If such resumption or restoration does not take place in the manner and time period specified above, further use or building shall therefore conform to all provisions of these zoning regulations.
Should any such structure be destroyed to an extent greater than 50 percent of its appraised value, it shall not be reconstructed except in conformance with the provisions of these regulations. (Ord. 06-10, 2006; prior code § 17-27-4)